Baitinger v. Elmore

The breach of the bond originally alleged is deposit of funds of the ward in savings account, at interest, withdrawable only on 60 days’ notice, in a bank which later failed. Negligence in this and also in making a deposit in a checking account in the same bank is alleged, but, as will be seen, is not material to this appeal. By amendment, plaintiff alleged that, since the commencement of the action, the guardian had been ordered to, but had wholly failed to, render any accounting. The surety’s principal proposition is that an accounting by the guardian is a necessary prerequisite to an…