Hooks v. Evans
Supreme Court of Iowa
Appeal from Harrison District Court. This action was brought by the plaintiff, Kate Hooks, against the defendant Evans, as her former guardian, and against the defendants Grow and Stocker, as sureties upon the guardian’s bond. There was a trial without a jury, and judgment was rendered against Evans only. The plaintiff appeals.
1Opinion of the CourtAdams, J.
I. The defendant Evans was charged with failing to account for certain money and notes which came into his hands as proceeds of the sale of certain real estate. The bond in question was Evans’ general bond. The ruling of the court below that the guardian was liable, but that the sureties upon his bond were not, was doubtless based upon the rule held in Madison Co. v. Johnston, 51 Iowa, 152, and Bunce v. Bunce, 65 Id., 106. But the ruling in those cases was made with reference to the proceeds of sales made by the *53guardian liimself. In the case at bar the sale was made by-referees in a…
2Cases cited1 opinion
- Madison County v. JohnstonSupreme Court of Iowa · 1879
3Cited by9 opinions
- Title Guaranty & Surety Co. v. FosterSupreme Court of Oklahoma · 1921
- Ellyson v. LordSupreme Court of Iowa · 1904
- Deegan Ex Rel. Neligh v. DeeganNevada Supreme Court · 1894
- Knox v. KearnsSupreme Court of Iowa · 1887
- Southern Surety Co. v. WilliamsSupreme Court of Oklahoma · 1924
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