Shaw and Wife v. . Coble .

Supreme Court of North Carolina

Shaw and Wife v. . Coble .

63 N.C. 377

CourtSupreme Court of North Carolina

DecidedJanuary 5, 1869

StatusPublished

Cited by1 cases

This text of 63 N.C. 377 (Shaw and Wife v. . Coble .) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shaw and Wife v. . Coble ., 63 N.C. 377 (N.C. 1869).

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Opinion

Reads, J.

I. The first exception is overruled. A guardian who advances money for his ward, over and above the income of his «state, in order to set him up in business, or for other purposes, without applying to the Court for leave, is not entitled to charge his ward .with it. It is against the interests of society, and the policy of the law, and often ruinous to the-ward, to allow him the use and control of his property, and an expenditure beyond the income of his estate.

II. The second exception is sustained. The payment of the-incumbrance upon the land of the plaintiff’s wife, enured to his benefit, and it ought to be allowed.

III. IV. The third and fourth exceptions are considered together. Coble, the guardian, settled with Lineberry, the administrator of the decased ward; and there being a balance-found to be due by the guardian, of $699.36, he paid the amount in Confederate money, which was greatly depreciated,, to Lineberry, the administrator, and took his receipt. Whether the administrator ought to have received it or not, he did *379 receive it, and that is a discharge to the guardian, and it. becomes a matter between the administrator, Lineberry, and the-plaintiffs, and Lineberry is responsible to the plaintiffs for the Ml amount ($699.36,) because it was his fault to receive-$699.36, in Confederate money, when it was so far depreciated as to be worth only $33.00.

The account will be reformed in accordance with this opinion, and a decree accordingly.

Per Curiam. Decree accordingly.

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Reads, J.

I. The first exception is overruled. A guardian who advances money for his ward, over and above the income of his «state, in order to set him up in business, or for other purposes, without applying to the Court for leave, is not entitled to charge his ward .with it. It is against the interests of society, and the policy of the law, and often ruinous to the-ward, to allow him the use and control of his property, and an expenditure beyond the income of his estate.

II. The second exception is sustained. The payment of the-incumbrance upon the land of the plaintiff’s wife, enured to his benefit, and it ought to be allowed.

III. IV. The third and fourth exceptions are considered together. Coble, the guardian, settled with Lineberry, the administrator of the decased ward; and there being a balance-found to be due by the guardian, of $699.36, he paid the amount in Confederate money, which was greatly depreciated,, to Lineberry, the administrator, and took his receipt. Whether the administrator ought to have received it or not, he did *379 receive it, and that is a discharge to the guardian, and it. becomes a matter between the administrator, Lineberry, and the-plaintiffs, and Lineberry is responsible to the plaintiffs for the Ml amount ($699.36,) because it was his fault to receive-$699.36, in Confederate money, when it was so far depreciated as to be worth only $33.00.

The account will be reformed in accordance with this opinion, and a decree accordingly.

Per Curiam. Decree accordingly.

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Bluebook (online)

63 N.C. 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-and-wife-v-coble-nc-1869.

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