Fidelity Casualty Co. of N.Y. v. Miller's Gdn.

Opinion op the Court by

Judge Clay

Affirming.

On March 28, 1919, A. J. Browning was appointed guardian of Retha Whitmer, an infant under 14 years of age, and qualified by executing bond with the Fidelity & Casualty Company of New York as surety. Some time later Retha Whitmer, who was then more than 14 years of age, married John F. Miller, and on her request her husband was appointed guardian. On June 5, 1923, Browning settled his accounts as guardian and gave to Miller, the new guardian, two checks aggregating $1,-528.54. The smaller check was paid, but the other check for $1,050 was not paid. A…