Scherf v. Myers

258 N.W.2d 831 (1977)

Harold W. SCHERF, Plaintiff and Respondent,

v.

Morris B. MYERS, Defendant and Appellant.

Nos. 11665 and 11706.

Supreme Court of South Dakota.

October 31, 1977.

Rehearing Denied December 7, 1977.

Bruce Cutler, Aberdeen, for plaintiff and respondent.

Morris B. Myers, pro se.

DUNN, Chief Justice (on reassignment).

Defendant has appealed from a judgment entered against him following a court trial on plaintiff's action based upon an alleged conversion of certain guardianship funds. We affirm as to liability but reverse as to damages.

At the outset, we are faced with plaintiff's…