12 Mo. App. 321 | Mo. Ct. App. | 1882
delivered the opinion of the court.
This was an action on a guardian’s bond. Two breaches were assigned. The first was, that the guardian had charged himself in an annual settlement with $350.92 in cash, which money he had not paid over to the ward or accounted for when the ward attained his' majority. The second was, that the guardian made a reckless and injudicious investment of his ward’s funds in loaning them on real estate security of insufficient value. The defendants, who are sureties in the bond sued on, demurred to the petition, upon the ground, among others, that it did not state that the rriortgage securing the loan of the ward’s funds had boon foreclosed. The demurrer was overruled ; there was a trial, and judgment for $3,000, the penalty of the bond, the damages for the first breach being assessed at $162.06, and for the second breach, at $2,837.94.
We think the demurrer ought to have been sustained. It seems to us, on grounds that will suggest themselves, that the sureties ought not to be held to answer for a loss sus
The j udgment is reversed and the cause remanded.