Hooks v. Fidelity & Deposit Co.
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Sumter superior court. December 18, 1909. The Fidelity & Deposit Company of ¡Maryland (hereinafter referred to as the company) brought its equitable petition against Thomas B. Hooks, alleging that on the first clay of October, 1900, Hooks made written application to the petitioner to become sole security on Hooks’s bond which was given as required by law for the faithful performance of the principal’s duties as.guardian of the…
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Equitable petition. Before Judge Littlejohn. Sumter superior court. December 18, 1909. The Fidelity & Deposit Company of ¡Maryland (hereinafter referred to as the company) brought its equitable petition against Thomas B. Hooks, alleging that on the first clay of October, 1900, Hooks made written application to the petitioner to become sole security on Hooks’s bond which was given as required by law for the faithful performance of the principal’s duties as.guardian of the personal property of certain minors. In this application Hooks entered into certain covenants and agreements relating to…
1Opinion of the CourtBeck, J.
While there was uncontroverted evidence in this ease showing that Hooks as guardian had failed in many respects to comply with his duty in regard to managing the estate of his wards and making his returns, and that he had not complied. with the stipulations and agreements made by him in his application to the surety company, we do not think that-these facts would authorize the relief sought in this,case and which was granted in the decree rendered. On the contrary, a verdict in favor of the defendant should have been directed under the testimony submitted on the trial. The company had been…
2Cases cited1 opinion
- Snow v. BrownSupreme Court of Georgia · 1897