Cronk v. American Surety Co.

Defendant Surety Company does not question the propriety of the pleadings or of plaintiff’s resort to equity, rather than to the probate court. Defendant in answer sets up two reports to the probate court, showing the deposit of funds in the First National Bank of Armstrong, and alleges their ap proval. The reports and orders of approval, if made, do not appear in evidence.

Defendant Canon was appointed guardian in February, 1921, and the bond in question was given and approved during the next two months. lie received the money in controversy that same year, and without authority from the…