Davis v. McCurdy
Wisconsin Supreme Court
APPEALS from the Circuit Court for Winnebago County. Action on a guardian’s bond,- commenced August 15, 1879. Loper, the principal in said bond, did not appear. Bray and McCurdy, tlie sureties on tlie bond, both appeared, but tlie former did not answer. McCurdy answered, setting up his discharge in bankruptcy on the 18th of June, 1877; and said discharge was put in evidence on the trial.
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APPEALS from the Circuit Court for Winnebago County. Action on a guardian’s bond,- commenced August 15, 1879. Loper, the principal in said bond, did not appear. Bray and McCurdy, tlie sureties on tlie bond, both appeared, but tlie former did not answer. McCurdy answered, setting up his discharge in bankruptcy on the 18th of June, 1877; and said discharge was put in evidence on the trial. By direction of the court, a verdict was rendered in favor of McCxirdy, but against Loper and Bray; and judgment was rendered accordingly. Plaintiff appealed from so much of the judgment as was in favor of…
1Opinion of the CourtCassoday, J.
December 31,1873, the defendant Loper was appointed guardian of the person and estate of the plaintiff, Grace Estelle Davis, and thereupon executed and filed the bond in the form required by the statute, in the penal sum of $1,500.
The defendants McCurdy and Bray executed the bond as sureties for Loper. Thereupon Loper, as such guardian, became possessed of $1,800 of the estate, but never rendered any account of the same, and never settled his account with the county judge, and never paid over or delivered any of the estate to the minor or to any one for her, and never made or returned any…
2Cases cited8 opinions
- Timothy L. MacE in Error v. Jared WellsSupreme Court of the United States · 1848
- Shelton v. PeaseSupreme Court of Missouri · 1847
- Tobias v. . RogersNew York Court of Appeals · 1855
- Dean v. SpeakmanIndiana Supreme Court · 1844
- Jones & Cullom v. KnoxSupreme Court of Alabama · 1871
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3Cited by2 opinions
- Ernst v. NauWisconsin Supreme Court · 1885
- Curtis v. WoodwardWisconsin Supreme Court · 1883