Thomson v. MacGregor

September, 1880.

[Reversing 45 Super. Ct. (J. & S.) 197.]

Liability of Sureties on Receiver’s Bonds.—Effect on Sureties of Judgment against Principal.

A surety is not bound by a judgment or order against his principal, made in a proceeding to which the surety was not a party, unless the surety has so contracted explicitly.

Por this purpose, a bond, conditioned that the principal shall obey any order of the court, is enough to make such order conclusive on the surety; but under a condition merely that he “shall henceforth faithfully discharge the duties of his trust,” an order charging him with a…