Fink v. Martin

SimoN, J4

The plaintiff, who sues as dative testamentary executor of the estate of Sarah Baum, and as the successor in office of one Thomas Powell) who formerly acted as such, seeks to recover of the defendants, in solido, as the sureties of the said Powell, a certain amount which was received by the latter in his fiduciary capacity, and which he, said Powell, was condemned to pay to the plaintiff by a previous judgment.

William H. Martin, one of the sureties, joined issue, admitting that he signed the bond sued on as one of the sureties of Thomas Powell, but averring that Sarah Baum, at her…