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[Download] "Burns V. Massachusetts Bonding And Insurance Co." by First Appellate District, Division One District Court Of Appeal Of California ~ eBook PDF Kindle ePub Free

Burns V. Massachusetts Bonding And Insurance Co.

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eBook details

  • Title: Burns V. Massachusetts Bonding And Insurance Co.
  • Author : First Appellate District, Division One District Court Of Appeal Of California
  • Release Date : January 21, 1944
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

In 1930 Mary O'Connor was declared to be an incompetent, and Joseph P. Donohue was appointed her guardian. The Massachusetts Bonding and Insurance Company as surety and Donohue as guardian executed a bond as required by the court in the sum of $17,000. Later the ward was restored to competency and, after an accounting, it was ascertained that the guardian owed the ward an amount which, with interest, exceeded $17,000. Thereafter, this action against the bonding company on its bond was instituted. The trial court entered its judgment in favor of the executrix of Mary O'Connor's estate in the sum of $17,000 plus interest. From this judgment both plaintiff and the bonding company have appealed. The present opinion is concerned only with the appeal by the bonding company. The appeal by plaintiff is considered in a separate opinion (post, p. 972 [   P.2d   ]). The sole contention of the bonding company on its appeal is that the cause of action against it is barred by the statute of limitations provided for by section 1487 of the Probate Code.


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