Overton v. Beavers
Supreme Court of Arkansas
Appeal from Saline Circuit Court. The Hon. John J. Clendenin, Circuit Judge. contended that the Court erred in declaring- the law to be, that defendant was not liable without an express promise in writing: and to the effect, also, that he had ceased to be liable, because he had ceased to be guardian.
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Appeal from Saline Circuit Court. The Hon. John J. Clendenin, Circuit Judge. contended that the Court erred in declaring- the law to be, that defendant was not liable without an express promise in writing: and to the effect, also, that he had ceased to be liable, because he had ceased to be guardian. Gall vs. Wood, 4 Watts & Serg. 119; Lrfils & Christian vs. Sugg, 15 Ark. 138; Clark vs. Carter, 1 Garter (la.) 244; 1 Term. 437; 1 Hill (S. C.) 279; 1 Bailey 344; 5 Ala. 42; .12 Iredell 67; 2 Strobhart 3; 5 Mass. 202; 1 Barb. (Chy.) 467. A guardian cannot be liable in his private individual…
1Opinion of the CourtJustice Hanly
This was assumpsit brought by the plaintiff against the defendant in the Saline Circuit Court. The ■ declaration contains five counts, as follows:
1st. That the defendant being the guardian, etc., of one Benjamin Newbern, an infant, was indebted to the plaintiff in the sum of $200, for board and lodging furnished by the plaintiff, at the request of defendant, for the ward, Newbern, and being so indebted, the defendant undertook and promised, etc.
2d. That the defendant, in consideration that the plaintiff, at the like special instance and request of the defendant, (being guardian as in the…
2Cases cited1 opinion
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
3Cited by1 opinion
- Gordon v. BurnsSupreme Court of Arkansas · 1941