Andrus v. Blazzard
Utah Supreme Court
Appeal from the Third District Court Salt Lake County.— Ron. Ogden Riles; Judge. Action on a promissory note in which, it was sought to bind one H. personally, H. having signed the note as general guardian for an incompetent. Erom a judgment holding that H. was not personally responsible and dismissing the complaint plaintiff appealed. A note executed by an administrator under an order of the probate court, which order is void, makes the administrator personally liable.
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Appeal from the Third District Court Salt Lake County.— Ron. Ogden Riles; Judge. Action on a promissory note in which, it was sought to bind one H. personally, H. having signed the note as general guardian for an incompetent. Erom a judgment holding that H. was not personally responsible and dismissing the complaint plaintiff appealed. A note executed by an administrator under an order of the probate court, which order is void, makes the administrator personally liable. He can not shield himself under a void order. When he undertakes to bind the estate and fails to do so for want of…
1DissentMiner, C. J.
(dissenting). — I do not concur in the opinion of my learned associate, Mr. Justice BaseiN. While it is true that ordinarily a guardian who makes a contract as such binds himself and not his ward, yet there are exceptions to the rule that are quite as well settled as the rule itself. The guardian is held responsible where he has bought or contracted for the benefit of his ward, and the law implies an ‘ agreement on his part to pay, or where there was a written contract entered into with apt words to bind him personally. But the promise under consideration was made in the name of *263tlie…
2Cases cited10 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Metcalf v. WilliamsSupreme Court of the United States · 1881
- Ogden v. RaymondSupreme Court of Connecticut · 1852
- Johnson v. SmithSupreme Court of Connecticut · 1852
- Hall v. CrandallCalifornia Supreme Court · 1866
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