Douglass v. . Ferris
New York Court of Appeals
The bond was joint and several. One of the sureties died after the commencement of the action thereon. Held, that the estate of the deceased surety was not discharged; and that the action was properly revived against his personal representatives. (Code Civ. Pro. § 454.) There was no dispute between the guardian and ward as to the amount in the hands of the former belonging to the latter.
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The bond was joint and several. One of the sureties died after the commencement of the action thereon. Held, that the estate of the deceased surety was not discharged; and that the action was properly revived against his personal representatives. (Code Civ. Pro. § 454.) There was no dispute between the guardian and ward as to the amount in the hands of the former belonging to the latter. The bond was conditioned for the faithful performance of his duty by the guardian, and that he would render a just and true account; the judgment charged the sureties with the costs in the action against the…
1Opinion of the CourtO’Brien, J.
The general question presented by this appeal is the liability of the defendants to the plaintiff upon a bond given on the 29th of March, 1872, to the plaintiff, who was then a minor, to secure the faithful performance by Edwin B. Low, his general guardian, appointed on that day of the duties of his trust. The plaintiff arrived at the age of twenty-one years on the 26th of March, 1879, and it appears that on the fourteenth of the following May the guardian had in his hands $4,363.10 to which the plaintiff was entitled. On that day, as the findings show, the guardian and his brother, who was…
2Cases cited17 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Douglass v. HowlandNew York Supreme Court · 1840
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Hood v. . HoodNew York Court of Appeals · 1881
- Casoni v. . JeromeNew York Court of Appeals · 1874
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3Cited by35 opinions
- Altman v. . HofellerNew York Court of Appeals · 1897
- In re the Estate of GellisNew York Surrogate's Court · 1931
- Smith v. Fidelity & Deposit Co.California Court of Appeal · 1933
- Thomson v. . American Surety Co.New York Court of Appeals · 1902
- Ostrom v. GreeneNew York Supreme Court · 1897
30 more not listed; retrieve them via the Exa API.