Brovan v. Kyle
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dunn county: George Thompson, Circuit Judge. Action against the sureties upon a guardian’s bond. One Carroll Lucas was appointed guárdian of the estate of plaintiff and John Kyle and George Kyle signed his bond as sureties.
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Appeal from a judgment of the circuit court for Dunn county: George Thompson, Circuit Judge. Action against the sureties upon a guardian’s bond. One Carroll Lucas was appointed guárdian of the estate of plaintiff and John Kyle and George Kyle signed his bond as sureties. Lucas died insolvent and indebted to the estate of his ward in the sum of $'719.97 with interest thereon at six per cent, from January 1, 1912. George Kyle was also dead, and one E. J. Rates, the administrator of his estate, was made a party defendant. The defendant John Kyle petitioned the court, pursuant to the provisions…
1Opinion of the CourtViNJE, J.
Eor some years prior to March 20, 1911, Carroll Lucas had kept an individual deposit account with the Bank of Menomonie, which on the date mentioned amounted to $6.80. ITe that day presented to the cashier of the bank a check for deposit to his individual account for $1,250 payable to Carroll Lucas, Guardian, and indorsed “Carroll Lucas, Guardian.” The cashier took note of the fact that Carroll Lucas, Guardian, was the payee, and of the form of the in-dorsement, and credited the amount of the check, afterwards collected by the bank, to Lucas’ individual account. The check in fact belonged to…
2Cases cited11 opinions
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- United States Fidelity & Guaranty Co. v. Adoue & LobitTexas Supreme Court · 1911
- United States Fidelity & Guaranty Co. v. AdoueTexas Supreme Court · 1911
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
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3Cited by18 opinions
- Fisher v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1920
- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
- Aetna Life & Casualty Co. v. Union Trust Co.Supreme Court of Connecticut · 1994
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Mitchell v. First National BankCourt of Appeals of Kentucky · 1924
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