Rowe v. Parsons
New York Supreme Court
Appeal from a judgment in favor of plaintiffs, entered on the verdict of a jury, and from an order denying a motion made on the judge’s minutes for a new trial.
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Appeal from a judgment in favor of plaintiffs, entered on the verdict of a jury, and from an order denying a motion made on the judge’s minutes for a new trial. The last will and testament of Joel Parsons, deceased, was proved before the surrogate of Columbia county, on the 14th day. of April, 1856. Ohjection being made to the granting of letters testamentary to the executor named in the will, by order of said surrogate, the defendant Jabez Parsons, together with the defendants Phebe Parsons, Orrin Parsons and one George Rowe, as his sureties, duly executed a bond, conditioned as follows :…
1Opinion of the Court
Booees, J.:
Justice demands that there should be no difficulty in the way of a recovery by the plaintiff in this action, on the executor’s bond, growing out of the fact that the plaintiff’s testator was one of the obligors. The parties who now raise the objection against the recovery on that ground, obligated themselves simultaneously with the making of the bond, in effect, to save Mr. Rowe harmless therefrom. As between Rowe and those obligors, the latter assumed and took upon themselves, the burden and responsibility of the obligation. The papers, when read together, were in effect an…
2Cases cited9 opinions
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Baggott v. BoulgerThe Superior Court of New York City · 1853
- Adams v. Saratoga & Washington RailroadNew York Supreme Court · 1851
- Hard v. ShipmanNew York Supreme Court · 1849
- Van Steenbergh v. BigelowNew York Supreme Court · 1829
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