Zachary v. Gregory

Citations

• 32 Tex. 452

Syllabus

<p>1— To a suit by a guardian on a note made to him as guardian, it is no ■ answer to set up the fact that the plaintiff had ceased to be such guardian by reason.of his former wards having attained their majority or married.</p> <p>2— The legal title to the note being in the plaintiff as guardian, suit was well brought in his name and fiduciary capacity, notwithstanding his guardianship may have lapsed.</p> <p>3— If the defendants had cause to distrust the authority of the plaintiff to collect the money due on the note, their proper course was to bring the money into court and require the plaintiff and his former wards to inter-plead.</p> <p>4— It was not error to refuse a continuance asked for the purpose of making parties of the former wards of the plaintiff, when the only defense relied on was that the plaintiff’s guardianship, and his right to sue on the note made to him as guardian, had ceased by reason of his wards having married and attained their majority.</p>