Surratt v. State Ex Rel. Bollinger

In a suit on a bond given by trustees for the sale of real estate, brought by one entitled in distribution under an order of the court of equity, for failure of the trustees to make payment of the proceeds, defense has been made on the ground of loss of the money by failure of a carefully chosen depositary nine days after the passage of the equity court's order; and the question is on whom the loss is to fall under the law. The plaintiff, distributee, has recovered a judgment on the bond for the amount unpaid, and the defendants appeal.

William H. Surratt and Stephen P. Campbell were appointed…