Estate of HENRY COUSINS, Minor, J. M. FOX, Guardian, Appellant

111 Cal. 441 ·

Supreme Court of California · Filed

Published · citable

Holding

The court held that a guardian who commingles a ward’s funds with his own and uses them in his business, absent evidence of actual profits or a showing that the funds could have been loaned at a higher rate, is chargeable only with legal interest compounded annually, not the prevailing conventional rate; and that a guardian who makes an improvident but good-faith loan is not liable for interest on the portion of the principal that is lost through mere error of judgment rather than negligence.

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