Robinson v. Ham, 679.

• Citation: 200 S.E. 903,215 N.C. 24
• Decision Date: 01 February 1939
• Docket Number: No. 679.,679.
• Parties: ROBINSON. v. HAM, et al.
• Court: North Carolina Supreme Court

215 N.C. 24
200 S.E. 903

ROBINSON.
v.
HAM, et al.

No. 679.

Supreme Court of North Carolina.

Feb. 1, 1939.

BAKNHILL, J., dissenting.

Appeal from Superior Court, Guilford County; E. C. Bivens, Judge.

Action to recover on guardianship bond by the State of North Carolina, on the relation of Ruth Taylor Robinson, against Leon M. Ham, Jr., and others. Judgment for defendants, and plaintiff appeals.

Affirmed.

Civil action to recover on guardianship bond for funds of ward received and loaned by guardian upon notes secured by real estate allegedly made carelessly and negligently and in lack of good faith.

Defendant denies material allegation of plaintiff.

The uncontroverted facts are substantially these: Defendant Leon M. Ham, Jr., on April 8, 1927, qualified in the Superior Court of Guilford County as guardian of Ruth L. Taylor, minor, now Ruth Taylor Robinson, and on April 8, 1930, he as principal, with defendants, Sadie Stern and W. W. Ham, as sureties, executed and delivered a guardian's bond in the penal sum of $2000.

[200 S.E. 904]

Defendant guardian received^ for the benefit of his said ward $1364.34. On December 1, 1930, he loaned $294 to F. C. Boyles, his uncle by marriage, taking his note therefor bearing interest at rate of 6 percent per annum payable semi-annually, due December 1, 1931, and secured by deed of trust duly executed and registered and conveying lot No. 45 of the Roseway subdivision, Greensboro, N. C. On January 7, 1931, he loaned $945 to Ham Real Estate Company, a corporation of which his father was then president and said F. C. Boyles, secretary, taking its note therefor bearing interest at the rate of 6 per cent per annum payable semi-annually, due January 7, 1934, and secured by deed of trust duly executed and registered and conveying lot of land at Joyner's Corner on Warren Street in Morehead Township, Guilford County, North Carolina.

In report of date January 27, 1930, guardian sets forth the receipt of $1045 on January 7, 1928, loaned to Ham Estate, Inc., the same day, and receipt of interest thereon to January 7, 1930, and paid to use of his ward, leaving a balance of $1045. In report of November 25, 1931, the guardian reports payment of $100 to his ward on court order of January 27, 1930, leaving a balance of $945, "secured by first mortgage executed by Ham Real Estate Company." This report also shows receipt from Mattie Gray estate the sum of $319.34, from which are deducted items paid to ward and to attorney, leaving a balance of $294...