Smith v. Fidelity & Deposit Co.

The plaintiff in this action had judgment against the Fidelity and Deposit Company of Maryland, a corporation, and Charles A. Smith as administrator of the estate of Robert T. Swan, deceased, in the sum of $26,094.53, based upon a directed verdict. From this judgment the Fidelity and Deposit Company of Maryland, a corporation, appeals.

The complaint in this action alleges that Robert T. Swan died in the county of Sacramento on or about the sixth day of April, 1931, and at the time of his death was a resident of the county of Sacramento, leaving estate therein; that thereafter, and on or about the seventh day of May, 1931, Charles A. Smith was duly and regularly appointed, and thereupon qualified as the administrator of the estate of Robert T. Swan, deceased; that on or about the eighteenth day of October, 1927, Robert T. Swan was duly and regularly appointed guardian of the person and estate of Evalyn Alice Swan, a minor, thereupon qualified as such, and continued to be the qualified and acting guardian of the estate of said minor until his death; that after his appointment as guardian of the estate and person of Evalyn Alice Swan, a minor, to wit, on the eleventh day of June,…