Southern Surety Co. v. Cole

Citations

• 106 Kan. 782
• 189 P. 957
• 1920 Kan. LEXIS 652

Syllabus

<p>SYLLABUS' BY THE COURT.</p> <p>1. Guardian’s Surety Bond — Duties of Probate Court Relating Thereto. The duties of the probate court with respect to a guardian’s surety bond are purely statutory.</p> <p>2. Guardian — Release of Guardian’s Surety — Statutory Procedure Must be Followed. The only procedure provided by statute for the release and discharge of a guardian’s surety are sections 4673 and 5071 of the General Statutes of 1915, which provide that it shall be lawful for the surety at any time to make application to the probate court to be released from the bond by filing his request and giving at least five days’ notice in writing to the principal, and. when the court is of the opinion that there is good reason therefor, it shall release such surety, the costs of the release, except in certain eases, to be paid by the surety applying to be released.</p> <p>3. Same — Order of Probate Court Releasing Surety Void. On the application of the guardian the probate court entered an order discharging the surety on the guardian’s bond and directing a new bond to be filed. Held, that the order is void, as there is no statutory authority for the release of the surety on petition of the guardian alone.</p> <p>4. Same. In an action by a surety company to recover premiums on a guardian’s surety bond, the fact that the probate court entered an order discharging the surety at the request of the guardian and directing a new bond to be filed, constitutes‘no defense.</p> <p>5. Same- — Local Agent of Bonding Compcmy Not a General Agent The local agent of a bonding company for receiving applications for bonds, and, when directed to do so, to execute the bond in the name of the company, is not a general agent of the company.</p>