Gibbs v. . Gibbs
Supreme Court of North Carolina
Petition against a guardian for a settlement, heard upon an exception, before Shipp J. at Fall Term 1867 of the Superior Court of Hyde.
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Petition against a guardian for a settlement, heard upon an exception, before Shipp J. at Fall Term 1867 of the Superior Court of Hyde. The petition had been filed at February Term 1866 of the County Court, and an account having been taken, the report of the commissioner was returned to May Term 1867. At this last Term the petitioner excepted to an item crediting the defendant with some $1600 for Confederate money collected by him upon a note due by one James Adams to him as guardian. Upon this exception it appeared that the parties to the note were good, that the petitioner had been of age…
1Opinion of the Court
Reads J.
There are two reasons why the plaintiff’s ex. ception as to the James Adams debt should have been sustained.
First. The defendant’s ward (the plaintiff) had been of age nearly two years when he collected the debt, and he ought to have delivered over the bond to the plaintiff, or paid him the amount.
Second. At the time the defendant collected the bond, November 1863, the Confederate Treasury notes in which he collected it, were worth only some sis or eight cents in the dollar. To collect a good debt under such circumstances was trifling with the plaintiff’s interests. Emerson v.…
2Cited by2 opinions
- Pearson v. . CaldwellSupreme Court of North Carolina · 1874
- Keener v. . FingerSupreme Court of North Carolina · 1874