Graff v. Mesmer
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The complaint averred that on the 8th day of February, 1875, F. P. F. Temple was, by the Probate Court of the County of Inyo, appointed guardian of the estate of the plaintiff, upon giving bond with sureties in the sum of $6,400, and that on the 1st day of March, 1875, he gave the bond with the defendants as sureties; and that on the 15th day of April, 1875, there came into his hands, as…
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The complaint averred that on the 8th day of February, 1875, F. P. F. Temple was, by the Probate Court of the County of Inyo, appointed guardian of the estate of the plaintiff, upon giving bond with sureties in the sum of $6,400, and that on the 1st day of March, 1875, he gave the bond with the defendants as sureties; and that on the 15th day of April, 1875, there came into his hands, as guardian, the sum of $2,500, the property of the ward; that the money was now in the hands of the guardian, except…
1Opinion of the Court
A settlement of the account by the Probate Court, and an order to pay the amount found due, is necessary in order to maintain a suit against the sureties. ( Stilwell v. Mill, 19 Johns. 303 ; Salisbury v. Van Holsen, 3 Hill, 77.)
*637Glassell, Chapman, and Smiths, for the Respondent.
The account filed by Temple was sufficient to enable us to maintain this action. (Brown v. Snell, 57 N. Y. 297.)
There has been a breach of the bond. (1 Williams on Executors, p. 446.)
By the Court :
Under secs. 1629 and 1789 of the Code of Civil Procedure, the guardian, notwithstanding the revocation of his letters, might…
2Cases cited1 opinion
- President, Directors, & Co. of the Bank of Auburn v. Weed & AikenNew York Supreme Court · 1822
3Cited by14 opinions
- Title Guaranty & Surety Co. v. SlinkerSupreme Court of Oklahoma · 1912
- Cook v. CeasCalifornia Supreme Court · 1904
- Fresno Estate Co. v. FiskeCalifornia Supreme Court · 1916
- Short v. ThompsonIdaho Supreme Court · 1936
- Burns v. Massachusetts Bonding & Insurance Co.California Court of Appeal · 1944
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