Green v. . Rountree
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1881, of Gates Superior Court, before Bennett, J. The plaintiffs sue for an account of the estate of the feme plaintiff, which came to the hands of the defendant as her guardian. The only question involved in the appeal is as to his liability for a sum of Confederate money, received in December, 1862, upon a bond secured upon personal security, and then solvent.
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Civil ActioN tried at Fall Term, 1881, of Gates Superior Court, before Bennett, J. The plaintiffs sue for an account of the estate of the feme plaintiff, which came to the hands of the defendant as her guardian. The only question involved in the appeal is as to his liability for a sum of Confederate money, received in December, 1862, upon a bond secured upon personal security, and then solvent. The facts of the case are as follows: A tract of land in which the feme plaintiff, then an infant and unmarried, had an interest, was sold under a decree of the court of equity of Gates county, the…
1Opinion of the CourtRuffin, J.
No fraud seems to be imputed to the defendant, but in the argument the case was made to turn solely upon the exception to the instruction given, as to the degree of care and diligence required of him in the collection and investment of his ward’s money.
In both these particulars, the case comes directly within the rule laid down in Cumming v. Mebane, 63 N. C., 315; Shipp v. Hettrick, Ib., 329; and Patton v. Farmer, 87 N. C., 337, and must be governed thereby.
These authorities clearly sustain the charge given to the jury in this case, their .principle being that no trustee will be held for…
2Cases cited2 opinions
- State Ex Rel . Cummings v. . MebaneSupreme Court of North Carolina · 1869
- Patton v. . FarmerSupreme Court of North Carolina · 1882
3Cited by3 opinions
- Harper v. HarperMississippi Supreme Court · 1986
- Poindexter v. First National Bank of Winston-SalemSupreme Court of North Carolina · 1956
- Tayloe v. . TayloeSupreme Court of North Carolina · 1891