Harmon v. McDonald

This case was submitted to the Superior Court on an agreed statement of facts, from which it appeared that on June 12, 1899, one Kelley was appointed administrator of the estate of one Harney, and gave bond as such administrator, with the defendant Maguire and one Whitney as sureties.

The estate consisted of $1,088.04 in a savings bank. The administrator drew out $1,085 (leaving $3.04), appropriated it to his own use, and died. Afterwards the plaintiff was appointed administrator de bonis non of the estate of Harney, and brought a petition for leave to bring an action on the *579administrator’s…