Beakley v. Cunningham
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. This is an action instituted in the circuit court by W. A. Cunningham, as guardian of Sam and Jessie Moore, against J. N. Beakley, a former guardian of said minors, and United States Fidelity & Guaranty Company of Baltimore, Maryland, and American Bonding Company of Maryland, as sureties on the bond of Beakley, as such guardian.
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Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. This is an action instituted in the circuit court by W. A. Cunningham, as guardian of Sam and Jessie Moore, against J. N. Beakley, a former guardian of said minors, and United States Fidelity & Guaranty Company of Baltimore, Maryland, and American Bonding Company of Maryland, as sureties on the bond of Beakley, as such guardian. The complaint alleges, in substance, the following: That at the October term, 1902, of the probate court for the "Western District of Lawrence County, Arkansas, the…
1Opinion of the Court
Hart, J.,
(after stating the facts). The bonds sued on in this case were payable to the State of Arkansas, and it is first insisted by counsel for defendants that the action should have been brought in the name of the State of Arkansas for the use of the minors. Since the adoption of the Code, the action may be prosecuted either by the State as a trustee of an express trust, as was done in the case of the State v. Buck, 63 Ark. 218, or by the real party in interest — that is, by the person entitled to receive the money, who, in this instance, is W. A. Cunningham as guardian of the minors as…
2Cases cited4 opinions
- Dugger v. WrightSupreme Court of Arkansas · 1888
- Berton v. AndersonSupreme Court of Arkansas · 1892
- State v. BuckSupreme Court of Arkansas · 1896
- Turner v. AlexanderSupreme Court of Arkansas · 1883
3Cited by6 opinions
- New Amsterdam Casualty Co. v. BookhartSupreme Court of Iowa · 1931
- Sims v. Duck (In Re FoodSource, Inc.)District Court, N.D. California · 1991
- Fogg v. ArnoldSupreme Court of Arkansas · 1924
- Partridge v. BoonSupreme Court of Arkansas · 1930
- Myers v. WheatleySupreme Court of Arkansas · 1920
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