Beach v. Moser
Court of Appeals of Kansas
Memorandum.— Error from Morris district court; M. B. Nicholson, judge. Action by Asahel Henry Beach against A. Moser, jr., and others, to recover on a guardian’s bond. Judgment for defendants. Plaintiff brings the case to this court.
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Memorandum.— Error from Morris district court; M. B. Nicholson, judge. Action by Asahel Henry Beach against A. Moser, jr., and others, to recover on a guardian’s bond. Judgment for defendants. Plaintiff brings the case to this court. The statement of the case, as made by Gilkeson, P. J., is as follows : In April, 1884, A. Moser, jr., one of the above-named defendants in error, was appointed guardian of the estate of Asahel Henry Beach, the plaintiff in error, by the probate judge of Morris county, Kansas. He filed his bond as such guardian, with his codefendants as his sureties thereon. The…
1Opinion of the Court
The opinion of the court was delivered by
Gilkeson, P. J. :
We think the theory of this action adopted by the court below is correct — that it is an action between the guardian and his ward and not between the guardian and the Farmers and Drovers Bank- — and the only issue presented- by the pleadings, and the proof offered in support thereof, was whether or not the defendant Moser had or had not been negligent in the discharge of his duties. The petition charges a breach of the'condition of his bond, viz., ‘ ‘ that he did not faithfully discharge his duties as guardian.”
The answer alleges that
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2Cases cited13 opinions
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- Lawrence v. Stonington BankSupreme Court of Connecticut · 1827
- Guelich v. National State BankSupreme Court of Iowa · 1881
- Ætna Insurance v. Alton City BankIllinois Supreme Court · 1861
- Sumner v. BlairSupreme Court of Kansas · 1872
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3Cited by1 opinion
- Hoffman & Coppersmith v. Mechanics-American National BankMissouri Court of Appeals · 1923