Fidelity & Casualty Co. of New York v. Heitman Trust Co.

Heitman Trust Company appeals from a decree of the superior court which required it to pay the Fidelity & Casualty Company of New York, as surety on a guardian’s bond, the sum of $23,114.59, representing principal and interest paid by plaintiff as subrogee to the rights of the ward for losses incurred through the sale by defendant to the guardian’s estate of defaulted bonds, which were held to constitute a participation by defendant in a breach of trust and a fraud upon the probate court, and to accept from plaintiff, upon payment of said sum, the bonds which had been purchased from defendant…