Baker v. Moor
Supreme Judicial Court of Maine
On report. Debt, brought February 12, 1872, in the name of the judge of probate for the benefit of a judgment creditor, upon the bond of the executors of the estate of the late Nathaniel Oilman. The defendant’s intestate was one of the sureties upon the bond.
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On report. Debt, brought February 12, 1872, in the name of the judge of probate for the benefit of a judgment creditor, upon the bond of the executors of the estate of the late Nathaniel Oilman. The defendant’s intestate was one of the sureties upon the bond. The plaintiff introduced the record of a judgment by him recovered against the executors, based upon an account annexed to his writ in his suit against them, — in which an attachment of the estate of their testators in their hands was directed, — “for a balance for services rendered and disbursements made for them, in their said…
1Opinion of the CourtVirgin, J.
Debt on the official bond of the executor’s of the last will and testament of the late Nathaniel Gilman. The writ is sued out in the name of the judge of probate for this county, against the administrator on the estate of one, who, in his lifetime, was one of the sureties in the bond, now deceased.
To maintain this action under the provisions of the statute, it must appear that the real plaintiff is interested personally in the bond; that his interest has been specifically ascertained by judgment of law against the executors; that he has made a demand therefor against them; and that they have…
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