Hayward v. Hood
New York Supreme Court
Appeal from an injunction order restraining the prosecution of an action in this court pending in Westchester county, wherein the defendant Maria L. Hood is plaintiff, and John N. Hayward and Frederick Hood are defendants.
1Opinion of the Court
Daniels, J.:
The action restrained by the injunction order was upon a bond éxecuted by the plaintiff as a surety for Frederick Hood, who was an executor under the will of Andrew Hood, deceased. It was brought by Maria L. Hood, as executrix under the same will, to recover the amount secured by the bond, because of a decree of the surrogate of Westchester county, charging this executor with a misappropriation of the moneys of the estate exceeding in amount the sum which could be recovered by her against Flayward as a surety in the bond. Other persons who were beneficiaries under the will, and a…
2Cases cited5 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Savage v. . AllenNew York Court of Appeals · 1873
- Matter of Estate of HoodNew York Court of Appeals · 1885
- Deen v. MilneNew York Supreme Court · 1885
- McHenry's PetitionNew York Supreme Court · 1878