Rhodd Et Ux. v. Hembree

I think the majority opinion reaches the wrong conclusion and is unsound in two respects.

1. It adheres to the view that a guardian who holds a secured promissory note payable to “Tom C. Waldrep, Guardian of Una Hembree, a minor,” may accept in full satisfaction thereof a renewal note made payable to “Tom C. Waldrep” only. This holding is contrary to our previous decisions that a guardian, in the absence of authorization by the court, is without authority to accept anything other than the full amount, in cash, owing thereon in satisfaction of a promissory note due the ward. Mason v. Ackley, 52…