American Surety Co. of New York v. Baker

The District Court in awarding a money judgment against appellant, and the majority in affirming that judgment here, have proceeded, I think, upon completely erroneous assumptions, as to both the law and the facts. The District Judge and the majority have dealt with this case as though appellee had gotten a judgment against the administrator in the court of his appointment requiring him as such, to pay over moneys of the estate. If this were so, I should agree that the surety was absolutely bound by the judgment and could not defend against it.

But, this is not so. There is no claim that…