William W. Bierce, Ltd. v. Waterhouse

OPINION OP THE COURT BY

BALLOU, J. (Wilder, J., dissenting.)

This is a bill of exceptions to review a judgment against the defendants, as executors of the will of Henry Waterhouse, upon a return bond in a replevin action executed by Henry Water-house as surety.

The replevin action was brought by the plaintiff against Clinton J. Hutchins, trustee, on July 20, 1903, and was for the recovery of certain railway material which had been used by *399the Ilona Sugar Co,, Ltd., the property of which corporation had been bought by Hutchins at a receiver’s sale. Plaintiff alleged in its declaration that the…