Newton v. Nutt
Supreme Court of New Hampshire
Assumpsit, on an account for the labor of the plaintiff’s ward performed for the defendant’s intestate. Demurrer, on the ground that the cause of action alleged was a debt due to the ward, and not to the plaintiff.
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Assumpsit, on an account for the labor of the plaintiff’s ward performed for the defendant’s intestate. Demurrer, on the ground that the cause of action alleged was a debt due to the ward, and not to the plaintiff. The statute (Gen. St., c. 165, s. 4) which provides that a ward shall not sue nor be sued except by his guardian, does not prescribe that, for causes of action arising after the appointment of the guardian, and upon matters of express contract between him and third pei'sons, no suit shall be maintained by him'in his own name. For contracts entered into, or torts committed, before…
1Opinion of the CourtAllen, J.
It is the duty of the guardian to take care of the person of his ward, improve his estate, apply the income to his support, collect his dues, pay his debts, and protect his rights. Gen. St., c. 165, s. 8. It is the right of the ward to sue and be sued, prosecute and defend, by his guardian. Gen. St., c. 165, s. 4. The relation between the guardian and ward is that of a trustee and cestui que trust, but the trust is not one which gives to the guardian the legal title to the ward’s estate, as in case of administrators, executors, and trustees appointed by deed, by will, or by the court. The…
2Cases cited16 opinions
- Gage v. KendallNew York Supreme Court · 1836
- Inhabitants of Granby v. Inhabitants of AmherstMassachusetts Supreme Judicial Court · 1810
- Hines v. Mullins ex rel. SmithSupreme Court of Georgia · 1858
- Bradley v. AmidonNew York Court of Chancery · 1843
- Mauran v. LambNew York Supreme Court · 1827
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