KOCH v. MERCHANTS MUTUAL BONDING CO.

No. 46,583

211 Kan. 397 (1973)

507 P.2d 189

IN THE MATTER OF THE GUARDIANSHIP OF THE PERSON AND ESTATE OF E. SYDNEY SMITH, a Minor, E. SYDNEY KOCH, formerly E. SYDNEY SMITH, Appellant, v. MERCHANTS MUTUAL BONDING COMPANY and MILFORD M. MAGEE, Appellees.

Supreme Court of Kansas.

Opinion filed March 3, 1973.


Attorney(s) appearing for the Case

Howard A. Spies, of the firm of Schroeder, Heeney, Groff & Spies, of Topeka, argued the cause, and Stephen M. Todd, of the same firm, was with him on the brief for the appellant.

David H. Fisher, of the firm of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause and was on the brief for appellee, Merchants Mutual Bonding Company.


The opinion of the court was delivered by

FONTRON, J.:

The train of events leading up to this lawsuit had its origin in the appointment of Milford M. Magee as guardian of the person and estate of E. Sydney Smith, a minor. Miss Smith has since reached legal age and is, we are advised, now married. As required by the provisions of K.S.A. 59-1101 Mr. Magee, upon his appointment, provided a surety bond in the principal...

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