Southern T. C. Bk. v. S.D. Sav. Bk.

This is an appeal by plaintiff from a judgment in favor of defendant. *Page 295 The action was brought to recover the sum of three thousand five hundred dollars, alleged to have been wrongfully paid by the defendant upon a check drawn and signed by E. M. Barber, as guardian of the estate of John Wood, an incompetent. From the record it appears that on January 6, 1914, an order was duly made and entered by the superior court of San Diego County appointing E. M. Barber guardian of the person and estate of John Wood, an incompetent person. The order provided: "Now, therefore, it is ordered, adjudged and decreed that E. M. Barber be and he is hereby appointed the guardian of the person and estate of said John Wood, an incompetent person; and it is further ordered that letters of guardianship issue to said E. M. Barber upon his giving a bond to said John Wood with sufficient sureties to be approved by the Judge of this court in the penal sum of ten thousand dollars, conditioned that said guardian shall faithfully execute the duties of his trust according to law." On January 7, 1914, said Barber presented the bond required by said order, and on the same day it was approved and filed.…