Annett v. Kerr
The Superior Court of New York City
This was an action against the defendant Kerr, as administrator of John Strahan, deceased, and his sureties, on his bond to the people of the state, given on the issuing of letters of administration to him in 1858. It was conditioned “ faithfully to execute the trust reposed in such administrator, and obey all orders of the surrogate of the county of New York, touching the administration of the decedent's estate.'' In January, 1862, such administrator applied to such…
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This was an action against the defendant Kerr, as administrator of John Strahan, deceased, and his sureties, on his bond to the people of the state, given on the issuing of letters of administration to him in 1858. It was conditioned “ faithfully to execute the trust reposed in such administrator, and obey all orders of the surrogate of the county of New York, touching the administration of the decedent's estate.'' In January, 1862, such administrator applied to such surrogate finally to settle his account as such, and after the issuing and service of a citation on the parties interested,…
1Opinion of the Court
By the court, The bond in this case being to the people of the state, no action could be brought upon it at law as a bond, except when authorized by #uch obligees, in other words, by statute or equivalent authority. In a proper equitable case an action might perhaps be maintained upon it as a stipulation or judicial recognizance (Carow agt. Mowatt, 2 Edw. ch. 57), but then only by the officer in whose hands it is deposited (Bolton agt. Powell, 14 Beav. 2 ; De G. M. & G. 1), although even that has been doubted (14 Beav. 290, 291).
Robertson, 0. J.
The complaint in this action, however, shows…
2Cases cited7 opinions
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Sheldon v. WrightNew York Supreme Court · 1849
- Snyder v. Farmers' Insurance & Loan Co.New York Supreme Court · 1834
- Paff v. KinneyNew York Surrogate's Court · 1849
- People v. BarnesNew York Supreme Court · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dunford v. WeaverNew York Supreme Court · 1880