Person County NcArchives Court.....J. A. Stanfield, James & Nicey Winstead V. 1873
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a February 1, 2012, 2:18 pm

Source: N C Reports
Written: 1873

James F. Winstead and wife Nicey v. J. A. Stanfield, Guardian and others

When a guardian makes no effort to invest his ward's money at a profit, but 
uses it in his own business, he converts it, and is liable for its value at 
the time of conversion. And having received Confederate money and bank notes, 
he is liable for the value of the same at the date of receipt, the former to 
be ascertained by the scale, and that of the latter upon evidence.

The conversion by a guardian to his own use of bonds or notes belonging to his 
ward, renders him liable for their actual value, not the value expressed on 
the face of the same.

Upon the marriage of a feme ward, compound interest ceases, and she has no 
right to demand the same in a settlement with her guardian.

Civil Action, tried at the Fall Term, 1872, of Person Superior Court, before 
Tourgee, J.

The suit was brought on the guardian bond given by the defendant, J. A. 
Stanfield, and the other defendants, his sureties, as guardian of the feme 
plaintiff, Nicey, wife of the other plaintiff, James F. Winstead, and was 
tried below upon exceptions filed by both parties to the report of the 
referee. His Honor sustained the only exception of the plaintiff's report 
which were not withdrawn, and overruled those of the defendants. The 
defendant's appealed.

The points presented, with the exceptions, and the evidence pertinent thereto, 
are stated in the opinion of the Court.

W. A. Graham for appellants
No counsel for plaintiffs in this Court

NC Supreme Court Justice Rodman, J. - We have to remark, that the questions 
which it was intended to present are no where stated clearly and precisely. 
There is no collected statement of the facts either by the referee or the 
Judge; and to ascertain what they were assumed to be, it is necessary to 
compare the evidence and the report of the referee.

The judgment below is reversed, and the case remanded for such further 
proceedings, &c. Let this opinion be certified. The defendant will recover 
costs in this Court.

Per Curiam
Judgment reversed

Additional Comments:
In the NC Supreme Court January Term 1873

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