Judge of Probate v. Toothaker
Supreme Judicial Court of Maine
On exceptions. This -was an action upon a guardian’s bond. The cause came on for a hearing upon a motion to chancer the penalty of the bond, and, in determining the amount equitably and justly due, the plaintiff read in evidence a judgment of this court, showing that the principal in the bond in suit was charged upon his final account with the sum of thirty-four hundred dollars, and it was agreed by the parties, that, of that sum, one thousand seven hundred thirty-eight…
Read the full summary
On exceptions. This -was an action upon a guardian’s bond. The cause came on for a hearing upon a motion to chancer the penalty of the bond, and, in determining the amount equitably and justly due, the plaintiff read in evidence a judgment of this court, showing that the principal in the bond in suit was charged upon his final account with the sum of thirty-four hundred dollars, and it was agreed by the parties, that, of that sum, one thousand seven hundred thirty-eight dollars and ninety-three cents had been accounted for and paúl, leaving a balance due of one thousand six hundred sixty-one…
1Opinion of the CourtWalton, J.
The sureties on a guardian's bond, given at the time of the appointment of the guardian, are not liable for money received for real estate sold by him under a special license. On obtaining such a license, the guardian is required to give a special bond, and the sureties on this special bond are the ones liable for money so obtained by the guardian. Consequently, in a suit on the original bond, if is competent for the sureties to show the source from which the funds remaining in the hands of the guardian, and not accounted for, ■were received. Wo think the evidence offered and rejected, should…
2Cases cited1 opinion
- Kelly & Co. v. Smith & ShotwellCourt of Appeals of Kentucky · 1858
3Cited by3 opinions
- Municipal Court of Providence v. United States Fidelity & Guaranty Co.Supreme Court of Rhode Island · 1918
- Davis v. American Surety Co.Supreme Judicial Court of Maine · 1949
- Maryland Casualty Co. v. TressellWest Virginia Supreme Court · 1938