State ex rel. Hospes v. Branch
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Branch, while curator, converted to his own use funds belonging to his ward, Alice Crookes, amounting, in round numbers, to $20,000. This was a breach of his bond as curator and at once fixed a liability thereon.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Branch, while curator, converted to his own use funds belonging to his ward, Alice Crookes, amounting, in round numbers, to $20,000. This was a breach of his bond as curator and at once fixed a liability thereon. State to use v. McCormack, 50 Mo. 569; Bissell v. Sax-ion, 66 N. Y. 55; School District v. McDonald, 39 Iowa, 564; State to use v. Jones, 89 Mo. 470. Such liability continued and could only be discharged by actual restoration of said funds. It is immaterial that upon the termination of his office as curator of…
1Opinion of the CourtBrace, C. J.
— This is a suit prosecuted to the use, of Richard Hospes, as trustee of Alice Crookes, against Joseph W. Branch, formerly curator of the said Alice Crookes, and the securities on his bond as curator. The petition charges, in substance, that on the fifth day of April, 1875, defendant Branch was appointed, by the probate court of the city of St. Louis, curator of the estate of Alice Crookes, a minor, and that said Branch, as principal, togethér with Alexander and Parks, as sureties, thereupon executed a bond in the sum of $32,000, conditioned that said Branch should well and *451faithfully…
2Cases cited8 opinions
- State ex rel. Gable v. CoaleCourt of Appeals of Maryland · 1879
- Gilmer's Adm'r v. Baker's Adm'rWest Virginia Supreme Court · 1884
- Ruffin v. . HarrisonSupreme Court of North Carolina · 1879
- Tittman v. GreenSupreme Court of Missouri · 1891
- Ruffin v. . HarrisonSupreme Court of North Carolina · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1899
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1896
- State ex rel. Jacobs v. ElliottSupreme Court of Missouri · 1900
- State ex rel. Short v. HardyMissouri Court of Appeals · 1918
- Estate of Kauppi v. BridgesSupreme Court of Missouri · 1971
2 more not listed; retrieve them via the Exa API.