Cridler v. Curry

This is an'action brought upon an administrator’s bond, which has been assigned to the plaintiff by the surrogate of Steuben county, to be prose*337cuted under the act of 1837. The bond is joint and several, executed by the defendants and two other persons. The points presented by the demurrer are two: 1st. That the action cannot be maintained by the plaintiff, but should have been brought in the name of the people, who are the nominal obligees. 2d. That the .bond being joint and several, all or only one, of the obligors must be sued. As to the first point, we think the decision of the Special…