Cornelison v. Million
Court of Appeals of Kentucky
CASE 64. — ACTION BY PAT CORNELISON AGAINST- E. C. MILLION FOR LOSS SUSTAINED BY REASON OF THE NEGLIGENCE OF THE DEFENDANT, AS COUNTY JUDGE, IN FAILING TO INQUIRE INTO THE SOLVENCY OF PLAINTIFF’S GUARDIAN.— October 2. Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge.
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CASE 64. — ACTION BY PAT CORNELISON AGAINST- E. C. MILLION FOR LOSS SUSTAINED BY REASON OF THE NEGLIGENCE OF THE DEFENDANT, AS COUNTY JUDGE, IN FAILING TO INQUIRE INTO THE SOLVENCY OF PLAINTIFF’S GUARDIAN.— October 2. Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge. From a judgment of dismissal plaintiff appeals — • The fact that the law makes it the duty of the county judge to examine the accounts of fiduciaries shows that it was the intention of the law to make said official alert, and to hold him responsible for his negligence. If there had been a docket kept by the county…
1Opinion of the Court
Opinion op the Court by
Judge Carroll —
Reversing.
In 1887 J. W. Bales was appointed by the Madison county court as guardian of the appellant, and executed a bond, with Socrates Maupin as his surety. In February, 1889, Bales made a settlement of his accounts as guardian, which was put to record in the proper office Again in January, 1902, he made a settlement, showing a balance of some $400 due his ward. Afterwards Cornelison brought suit against his guardian on the bond to recover the amount due him on the settlement, and obtained judgment, upon which execution issued and was returned \‘No…
2Cases cited2 opinions
- Cosby v. CommonwealthCourt of Appeals of Kentucky · 1891
- Commonwealth ex rel. Lee v. LeeCourt of Appeals of Kentucky · 1905
3Cited by3 opinions
- Rider's Extrx. v. Sherrard's GuardianCourt of Appeals of Kentucky (pre-1976) · 1929
- American Surety Co. of N.Y. v. Skaggs Gdn.Court of Appeals of Kentucky (pre-1976) · 1933
- Cornelison's Admr. v. MillionCourt of Appeals of Kentucky · 1910