Thomson v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David Thomson, as trustee of the estate of Benjamin Lord, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of September, 1900, upon the report of a referee, which report awarded to the plaintiff the sum of six cents as damages.
1Opinion of the Court
Ingraham, J. :
The action was brought to recover upon a bond given by the.defendant as surety for one Augustus Cruiksliank, who had been appointed trustee to execute the trust contained in the last will and testament of Benjamin Lord, deceased. The pleadings admitted that, one Benjamin Lord died on or about July 5,1851, leaving a last will and testament which was duly admitted to probate on December 31,, 1851, and letters testamentary were duly issued to Caleb Barstow ;■ that thereafter said Caleb Barstow resigned as trustee under said will and one Gilbert N. Marshall was duly appointed…
2Cases cited4 opinions
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Thomson v. . MacGregorNew York Court of Appeals · 1880
3Cited by2 opinions
- Stratton v. City Trust, Safe Deposit & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Stratton v. City Trust, Safe Deposit & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902