Atkinson v. Whitehead
Supreme Court of North Carolina
This was a petition filed by the plaintiff ns guardian, against the defendant as former guardian of one Atkinson, asking for ‘Mi account, &c. The matter was referred to E. A. Dancy, to take and state the account of the defendant, as former guardian. A report was made and exceptions filed. The case comes to this Court ■upon the exceptions to the report.
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This was a petition filed by the plaintiff ns guardian, against the defendant as former guardian of one Atkinson, asking for ‘Mi account, &c. The matter was referred to E. A. Dancy, to take and state the account of the defendant, as former guardian. A report was made and exceptions filed. The case comes to this Court ■upon the exceptions to the report. The referee allowed the defendant credit for the sum of $1,177.88, upon the following-state of facts: Defendant had in his possession $1000 in cash which he held as guardian. He deposited the said sum of $1000 in an iron safe, which was locked…
1Opinion of the Court
Read®, J.
A guardian or other trustee is bound only to use such care and diligence in keeping the fund, as a prudent man uses in keeping his own funds- And it seems that in this case the fund was so kept up to the time when it was stolen.'
*298The point mainly relied on by the plaintiff was that the defendant did not nse due care and diligence in discovering the theft and pursuing the thief. But the defendant had no reason to suppose the money was stolen until he opened his safe and missed it. And then within a reasonable time, he pursued the supposed thief, but failed to find him ; and, indeed, it…
2Cited by6 opinions
- State Ex Rel . Bd., Com. of Bladen Co. v. . ClarkeSupreme Court of North Carolina · 1875
- Smith v. Patton.Supreme Court of North Carolina · 1902
- Moore v. . EureSupreme Court of North Carolina · 1888
- Marshall v. . KempSupreme Court of North Carolina · 1925
- McFayden v. . CouncilSupreme Court of North Carolina · 1879
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