Bell v. Rudolph
Mississippi Supreme Court
From the chancery court of the first district of Hinds county. Hon. H. C. Conn, Chancellor. This is a bill exhibited in behalf of Donna M. Rudolph and others, minors, against their former guardians, and the sureties on two distinct sets of guardians’ bonds, to recover a principal sum of about $9,000, which has been lost as the result of an unauthorized loan of their funds.
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From the chancery court of the first district of Hinds county. Hon. H. C. Conn, Chancellor. This is a bill exhibited in behalf of Donna M. Rudolph and others, minors, against their former guardians, and the sureties on two distinct sets of guardians’ bonds, to recover a principal sum of about $9,000, which has been lost as the result of an unauthorized loan of their funds. The facts, as stated by the bill, are as follows : Complainants are children and sole heirs of A. L. Banks, who died intestate in 1876, leaving an unincumbered estate, consisting of about $9,000 in money and a small amount…
1Opinion of the CourtCooper, J.
The demurrer of the appellant was properly overruled:
*240The obligation assumed by him in becoming surety for the guardian was that the estate of the infants should be lawfully managed by the guardian and restored to them upon the termination of the guardianship. While this obligation was in force, the guardian, without authority of law, loaned the money of the wards to her husband, and it- has never been repaid by him. Unless the estate is protected by the bond of the guardian, it has been wasted, and can never be restored to the infants, for Ratliff, the borrower, as well as the guardian, is…
2Cases cited1 opinion
- Nunnery v. DayMississippi Supreme Court · 1886
3Cited by6 opinions
- Bryan v. HolzerMississippi Supreme Court · 1991
- USF&G CO. v. Conservatorship of MelsonMississippi Supreme Court · 2002
- Dunn v. ClinghanMississippi Supreme Court · 1908
- Edwards v. KellyMississippi Supreme Court · 1903
- Reily v. CrymesMississippi Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.