Opinion

Houghton v. Davenport

  • 74 Me. 590
  • 1883 Me. LEXIS 75
Court
Supreme Judicial Court of Maine
Filed
Apr 17, 1883
Status
Published
Author
Walton
On the bench
Appleton, Barrows, Danforth, Peters, Virgin, Walton
Cited by
5 cases

The opinion

Walton, J.

I concur in holding* that, if the guardian of a minor mingles his ward’s funds with his own, or uses them in his business, he may afterward appropriate from his own funds a sum equal to what is due from him to his ward, and invest it in bonds or other property, taking the title to himself, but intending to hold it in trust for his ward, and that equity will protect such property against the general creditors of the guardian. And I understand the opinion of Judge Peters to go no further than that. I therefore concur. Such a decision is not in conflict with Goodell v. Buck, 67 Maine, 514, nor Steamboat Company v. Locke, 73 Maine, 370. In these cases no such separation or investment had been made. The funds remained mingled, and their identity thus destroyed, when the-attempts to fasten a trust upon them were made.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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