State Ex Rel. Anderson-Oliver v. United States Fidelity Co.
Supreme Court of North Carolina
Civil ACTION tried* before G. W. Connor, J., and a jury, at tbe April Term, 1917, of CumbeblaNd. Tbe action was instituted to recover on a guardian bond executed by Jobn C. Gorham and tbe Fidelity Company as surety to recover an amount alleged to be due tbe ward, feme plaintiff.
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Civil ACTION tried* before G. W. Connor, J., and a jury, at tbe April Term, 1917, of CumbeblaNd. Tbe action was instituted to recover on a guardian bond executed by Jobn C. Gorham and tbe Fidelity Company as surety to recover an amount alleged to be due tbe ward, feme plaintiff. On denial of liability and plea of statute of limitations, tbe jury rendered the following verdict: 1. Is plaintiff’s cause of action barred by tbe statute of limitations? Answer: No. 2. What amount is plaintiff entitled to receive of defendants? Answer: $7,610.12, with interest from 5 June, 1904. Judgment on tbe…
1Opinion of the CourtHoke, J.
On the bearing there was evidence tending to show that in December, 1904, John C. Gorham, intestate, qualified as guardian of feme plaintiff and gave bond with defendant company, a foreign corporation, as surety; that on 9 November, 1906, said guardian filed an annual account showing receipt of guardianship funds, with a balance then due of $1,464.23, and that no other account was ever filed by him; that during his guardianship he received other funds belonging to his ward for which he has failed to account, and died on 28 February, 1910, owing said ward a balance of $7,610.12, with interest,…
2Cases cited8 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- Southern Railway Co. v. GreeneSupreme Court of the United States · 1910
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Whitehurst v. . KerrSupreme Court of North Carolina · 1910
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3Cited by16 opinions
- Lunceford v. Commercial Travelers Mutual Accident Ass'n of AmericaSupreme Court of North Carolina · 1925
- Steele v. . Telegraph Co.Supreme Court of North Carolina · 1934
- Harrison v. . CorleySupreme Court of North Carolina · 1946
- State Ex Rel. Oliver v. United States Fidelity & Guaranty Co.Supreme Court of North Carolina · 1918
- Parris v. . Fischer Co.Supreme Court of North Carolina · 1941
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