Wilbur v. Ford

SWEENEY, Chief Judge.

This is a motion for summary judgment made by the plaintiffs in a suit which seeks recovery against a guardian and his surety for the guardian’s alleged defalcations. The guardianship arose under the laws of the State of Maine, and a Maine probate court has found that the guardian owes and has not paid certain moneys to his wards, the plaintiffs. This motion asks recovery only against the surety, both on his bond and in excess of it on the theory that by exercising joint control of the funds in the hands of the guardian the surety became a joint tort-feasor and guardian…