Cohn v. Winslow
Cohn v. Winslow
Opinion of the Court
delivered the opinion of the court.'
•Section 2416, Code of 1906, as amended by chápter 201, Laws of 1914, prescribes the measure of liability that attaches to a guardian, and consequently to his sureties, for loans made by the guardian pursuant to an order of the chancellor, and the chancellor, without the consent of the sureties, is without power to add to the liabilty there fixed upon them, and in the case at bar, while the guardian may have agreed to remain liable for the safety of the money to be loaned in accordance with the chancellor’s order, the sureties did not; and, since the guardian •obeyed this order and the statute in making this loan, liis sureties are not responsible for any loss of the ward’s money that may result by reason thereof.
Reversed and remanded.
Reference
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- Syllabus
- ■Guardian and Ward. Loss of money by guardian. Liability of surety. Under Laws 1914, chapter 201, providing that when the chancellor designates the person to whom the money of the ward shall be loaned and the loan is so made, responsibility shall not thereafter attach to the guardian, where pursuant to an order of the chancellor permitting the guardian to place a sum of money in a named bank or other safe bank and providing that the “court does not relieve” the guardian or his bondsmen the guardian deposited the money of his ward in the named bank. In such case his sureties on his bond were not liable for loss of the ward’s money due to the failure of the bank, the court having no power to add to their liability under the statute without their consent.