Legal Opinion

State Ex Rel. Purser v. Simpson

Supreme Court of North Carolina

Decided June 5, 1871PublishedCited by 2 opinions

This was a civil action tried before Buxton, J, at Spring 'Term, 1871, of Union Superior Court. The relator of the -plaintiff brought suit on the bond of the defendant, ’Simpson, who had been his guardian. After issues had been joined upon the pleadings filed, there was an order made directing-the Clerk of Union Superior Court, to take the account of the defendant, Simpson, as guardian of the relator of thp plaintiff, and report to the next Term of the Superior Court.

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This was a civil action tried before Buxton, J, at Spring 'Term, 1871, of Union Superior Court. The relator of the -plaintiff brought suit on the bond of the defendant, ’Simpson, who had been his guardian. After issues had been joined upon the pleadings filed, there was an order made directing-the Clerk of Union Superior Court, to take the account of the defendant, Simpson, as guardian of the relator of thp plaintiff, and report to the next Term of the Superior Court. The defendants in their answer admitted that the guardian, Simpson, received for his ward $383 in October, 1858, lent out the…

1Opinion of the CourtBoyuen, J.

The defendant, the guardian, having an ante-war debt, well secured, payable to himself as guardian of his ward, and having no need of the money, his ward being only some sixteen years old, collected in September and October 1863, this ante-war debt, in Confederate treasury notes, and immediately thereafter invested the same in 7-30 Confederate bonds, the treasury notes and bonds being at the time of the receipt and investment, at a discount.

Why collect this ante-war debt, well secured, when he had no need of the money ? Why invest in this worthless Confederate paper ?

It will be remembered,…

2Cases cited1 opinion

  1. Shuford v. . RamsourSupreme Court of North Carolina · 1869

3Cited by2 opinions

  1. Robertson v. . WallSupreme Court of North Carolina · 1881
  2. Jennings v. . CopelandSupreme Court of North Carolina · 1884

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