Legal Opinion

In re the American Surety Co.

New York Surrogate's Court

Decided December 15, 1908PublishedCited by 1 opinion

Application of a surety to be relieved from a bond.

1Opinion of the Court

Ketcham, S.

The application of the surety to he relieved from the bond given in behalf of the guardians of the infant above named, together with three similar applications affecting other infants of the same family, must be granted.

Section 812 of the Code provides that the surety “ shall be entitled as a matter of right to be, and shall be, discharged from liability as hereinafter provided,” and the section thereinafter prescribes as the method of discharge notice to the principal, application to the court and a decree or order, which “ must be made,” if the principal fail to file a new bond.

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2Cases cited1 opinion

  1. In Re the Estate of ThurberNew York Court of Appeals · 1900

3Cited by1 opinion

  1. Matter of MiddlebrookNew York Court of Appeals · 1939

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