Cross v. White

• Decision Date: 10 July 1900
• Citation: 80 Minn. 413,83 N.W. 393
• Parties: CROSS v. WHITE et al.
• Court: Minnesota Supreme Court

80 Minn. 413

83 N.W. 393

CROSS

v.WHITE et al.

Supreme Court of Minnesota.

July 10, 1900.

Appeal from district court, St. Louis county; S. H. Moer, Judge.

Action by Frank W. Cross against Shubael P. White and others. Verdict for plaintiff. From an order denying a new trial, defendants appeal. Affirmed.

Syllabus by the Court

The order and determination of the probate court as to the amount due from a guardian to his ward, made after due notice to the guardian, is final and conclusive upon the sureties on the guardian's bond in an action against them thereon. Jacobson v. Anderson, 75 N. W. 607, 72 Minn. 426, followed. J. L. Washburn and W. D. Bailey, for appellants.

Schmidt, Reynolds & Mitchell, for respondent.

BROWN, J.

Appeal by defendants from an order denying their motion for a new trial. The facts are short. On January 15, 1894, defendant White was duly appointed guardian of the estate and property of plaintiff, who was then a minor, and thereafter duly qualified as such, and entered upon the discharge of his duties. To secure the faithful discharge of his duty, he duly executed to the probate court of St. Louis county the usual bond, which the defendants Norris and McDonnell signed and executed as sureties. The bond is in the usual form of such instruments, and is similar to that construed in the case of Jacobson v. Anderson, 72 Minn. 426, 75 N. W. 607. As such guardian, said White received large sums of money, which he invested for his ward in real-estate mortgages. It appears from the record, though it is not important, that by reason of the depreciation of real-estate values White was unable to realize from his investments sufficient to discharge his indebtedness to the ward, and neglected to do so. On March 20, 1899, he was duly cited by the probate court, and required to make an accounting as such guardian, and to pay over to plaintiff, his ward, all money due him. He appeared before said probate court in response to such citation, and duly filed his account. After due hearing in the matter, the probate court duly adjudged and determined that White was indebted to plaintiff, his said ward, in the sum of $5,862.21, and ordered and required that he pay the same to plaintiff. This he failed to do and plaintiff, who has arrived at majority, brought this action upon said bond, and against defendants Norris and McDonnell as sureties thereon.

The only question in the case is whether the order and determination of the probate court...