Belden v. Hurlbut
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: D. H. JohusoN, Judge. This is an action, brought by the county judge of Racine county, under subd. 4, sec. 4014, R. S., to recover for breach of two administration bonds.
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Appeal from a judgment of the circuit court for Racine county: D. H. JohusoN, Judge. This is an action, brought by the county judge of Racine county, under subd. 4, sec. 4014, R. S., to recover for breach of two administration bonds. The facts in the case, which are undisputed or found by the court upon ample evidence, are briefly as follows: One Alexander Bugbee died in September, 1894, intestate, in the city of Racine, leaving an estate amounting to more than $100,000, and leaving surviving him as his heirs at law his widow, Lavinia Bugbee, and four children, Emma, Ida, Walter, and Carrie,—…
1Opinion of the CourtWinslow, J.
The appellants insist that the second bond, which bears the names of HurTbut and Johnson as sureties, was never delivered so as to become a binding obligation upon them. Their contention is that, having left the bond with Deane upon the understanding that other sureties were to sign before delivery, there could be no delivery as against them until such condition was complied with, notwithstanding the fact that the county judge knew nothing of the condition when he received and approved the bond, and even though there was nothing on the face of the bond indicating that other sureties were…
2Cases cited17 opinions
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