The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-02-02
DECISIONS OF
SUPREME COURT.
From Cavalier County.

From Cavalier County
The United States Fidelity & Guaran-
| ty Co.. corporation, VS.. Citizens State
Bank of Langdon.
Syllabus:
l. Guardianship-Guard Nature
of Relation to Wards: Where one has
been duly appointed by court of COM
petent jurisdiction, as guardian OF GER
| tain wards and takes his oath, exc
discharge of his duties and receives as
such guardian property, money or eff
fects of his wards, a trust relation i'm
mediately arises between such guard
ian and wards for the benefit of said
wards and if such guardian squanderS
such trust funds, and is unable to &C
count for them and Is insolvent, an ac-
ton will lie by said wards or by any
one Subrogated. to such rights of ac-
ton, against such guardian or any 9TH
er person who received any of such
trust funds, with actual knowledge at
the time of SO receiving that such
funds were held in trust.
2. Guardianship - Guardian-Surety
Observation-Disclosures of Surety:
Where one was duly appointed by a
court of competent Jurisdiction, guard
ian of certain wards and their estates,
and duly qualities, takes his OATH nleS
the required bond. enters upon the dis
charge of his duties, receives property,
money, or effects of his wards, and
thereafter makes default, and squan-
ders such trust funds or used them in
paying his own private debts, and fails
TO account Sucn trust anu 10
found by the court when called for an
account, and an accounting had, to be
in default and insolvent, and the condi-
tions of the surety bond become oper-
ative and binding upon such surety,
and such surety responds to the obi
cations of its bond and fully discharges
its liability as such surety by payment
of the amount for which the guardian
so defaulted, to the amount of its obi
cation required to make good such de-
fault, such surety is subrogated to all
rights of action which said wards
might have against such guardian or
against any other person who, with ac-
tual knowledge of such trust relations,
has received any of such trust funds.
3. Action - Limitation - Guardian:
The point of time when action accrues
against the surety on q guardian bond
is when the court upon an accounting
had, required of such guardian, there
after enters it's order ,discharging or
years have elapsed from The time of
making such order discharging and re-
moving such guardian, the right of ac-
ton against sureties on such bond, is
barred by the statute of Limitation and
not otherwise. s-..@ .=s
4. The time when a ward may bring
an action against his guardian is any
counting in court of such guardian has
been had, and an order made By such
court dscharging or removing such
guardian, and the same rule applies to
the LilHS. HhcIl al dClloIl may DC mani
tanned against the surety on a guardian
bond and when a surety may maintain
action on his own behalf against other
persons to recover back the estate.
Appeal from a Judgment of the dis
trict court of Cavalier county; Cooley,
judge ra.. s. rt ra
Judgment for plaintiff.
Defendant appeals
Affirmed.
Grace, justice.
Geo. M. Price, attorney for appellant;
Scott Rex and Mcintyre & Burtness,
attorneys for respondent