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.
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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 the surrogate finally to settle his account as such, and after the issuing and service of a citation on the parties interested, filed his…
1Opinion of the Court
By the Court,
Robertson, Ch. J.
The bond in suit 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 such 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 v. Mowatt, 2 Edw. Ch. 57,) but then only by the officer in whose hands it is deposited. (Bolton v. Powell, 14 Beav. 275. 2 De G., M. & G. 1.) Although even that has been doubted. (14 Beav. 290, 291.) The complaint in this action,…
2Cases cited11 opinions
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Sheldon v. WrightNew York Supreme Court · 1849
- Sheldon v. . WrightNew York Court of Appeals · 1851
- Corwin v. MerrittNew York Supreme Court · 1848
- Annett v. . TerryNew York Court of Appeals · 1866
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3Cited by2 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- In re the Estate of LatzNew York Supreme Court · 1884