Davis v. American Surety Co.

Tompkins, J.,

sat at argument and participated in consultation, but died prior to the preparation of the opinion.

Fellows, J.

These two actions of debt from Somerset County, brought in the name of the Judge of Probate, on executor’s bonds to permit sale of real estate, were heard together by a referee. In the action against American Surety Company the referee found for the defendant company. In the action against Maine Bonding & Casualty Company the referee found for the plaintiff in the sum of $7,373.83. To the acceptance of the referee’s report in the American Surety Company case the plaintiff…