American Surety Co. of New York v. McMullen

The plaintiff was surety upon a bond given by Ray W. McMullen as conservator of the estate of Harry H. Cabot and as such surety it paid $71,733 to a trust company, executor of the estate of Cabot, who had died, to reimburse it for misappropriations by McMullen. The plaintiff brought this action to secure reimbursement for the money so paid, making defendants Ray W. McMullen and Jennie E. McMullen, individually and as executors of the estate of Arthur McMullen, and the Century Indemnity Company, surety on their bond as such executors. The trial court gave judgment against Ray E. McMullen…