Legal Opinion

Harris and Wife v. . Carstarphen

Supreme Court of North Carolina

Decided June 5, 1873PublishedCited by 8 opinions

Original bill, under the old practice, transfered to the Superior Court of Northampton county, and heard by his Honor, Cloud, J., at January (Special) Term, 1873. The plaintiff at Spring Term, 1867, filed in the Court of Equity of Northampton county, their bill against the defendant, who had been guardian of the feme plaintiff, praying for an account and settlement under an order of the Court, &c.

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Original bill, under the old practice, transfered to the Superior Court of Northampton county, and heard by his Honor, Cloud, J., at January (Special) Term, 1873. The plaintiff at Spring Term, 1867, filed in the Court of Equity of Northampton county, their bill against the defendant, who had been guardian of the feme plaintiff, praying for an account and settlement under an order of the Court, &c. It was charged in the bill that there was a large amount due the feme plaintiff; that on the 1st of October, 1865, the defendant, as guardian, settled with her, his ward, and transfered to her many…

1Opinion of the CourtSettle, J.

The defendant occupied the double confidential relation to the feme plaintiff of guardian and father-in-law, having married her mother.

On the eighth day after the ward’s arrival at the age of twenty-one, he procured from her a receipt in full settlement of his guardian accounts.

She now alleges that the defendant, taking advantage of her ignorance and confidence, has greatly imposed upon her, •and demands an account of his guardianship.

He sets up his receipt, or rather release in bar of all right of action. When a guardian has a settlement with his ward, shortly after the wards maturity, in…

2Cases cited1 opinion

  1. Lee v. . PearceSupreme Court of North Carolina · 1873

3Cited by8 opinions

  1. McNeill v. . McNeillSupreme Court of North Carolina · 1943
  2. Smith v. . MooreSupreme Court of North Carolina · 1908
  3. Gillett v. WileyIllinois Supreme Court · 1888
  4. National Surety Co. v. State ex rel. HeimannIndiana Supreme Court · 1913
  5. Morris v. . WillardSupreme Court of North Carolina · 1881

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