Mrs. R. L. Clark, as Legal Guardian for Shirley Tucker v. Great American Insurance Company of New York

TUTTLE, Circuit Judge:

This is an appeal from a summary judgment granted in favor of the appellant, in which the trial court granted a partial judgment against the former guardian of appellant’s ward. Appellant’s contention here is that the trial court erred in not granting a summary judgment in the full sum of $70,000.00, the amount of default judgment taken by her against the former guardian after notice to the surety company, and for penalty and attorneys’ fees.

There are no issues as to the historical facts. On August 2, 1962, an automobile collision occurred between a vehicle driven by…