Rich v. Sowles
Supreme Court of Vermont
Debt on bond. Trial by court at the September term, 1892, Start, J., presiding. Judgment for the plaintiffs. The defendants except. The opinion states,the case. The sureties became liable to pay any judgment against the defendant “as administrator.” They cannot he held for a personal judgment. St: Allans Bank v. Dillon, 30 Vt. 122; Freeman Judg. § 156; 2 Smith’s Lead. Cas. 589; 2 Phil. Ev., pp. 11, 12. The liability of the sureties was that of a receiptor.
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Debt on bond. Trial by court at the September term, 1892, Start, J., presiding. Judgment for the plaintiffs. The defendants except. The opinion states,the case. The sureties became liable to pay any judgment against the defendant “as administrator.” They cannot he held for a personal judgment. St: Allans Bank v. Dillon, 30 Vt. 122; Freeman Judg. § 156; 2 Smith’s Lead. Cas. 589; 2 Phil. Ev., pp. 11, 12. The liability of the sureties was that of a receiptor. They cannot be held unless the trustee was chargeable. Adams v. Fox, 17 Vt. 365 ; Leonard, Admr.,v. Bryant, 13 Mass. 224; Roberts v.…
1Opinion of the CourtTaft, J.
The plaintiffs herein sued the defendant Sowles, and summoned one Fonda as trustee. Under R. L. §§ 1,084-8, the defendants in this action gave a bond, and the trustee was discharged. This suit is brought to enforce the bond. The defendants insist that no recovery can be had, as the condition is to pay any judgment recovered against Albert Sowles as administrator, and that the judgment was against him individually. The description of the defendant Sowles was the same in the writ, declaration, bond and judgment. The judgment was against Sowles personally, however he may have been described. As…
2Cases cited2 opinions
- Cross v. RichardsonSupreme Court of Vermont · 1858
- Rich v. SowlesSupreme Court of Vermont · 1892
3Cited by2 opinions
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