State Ex Rel. Clark v. National Surety Co.

Concurring Opinion.

BLAND, J.

— We adhere to the ruling made in this case on its original submission and readopt the opinion of Shain, P. J., handed down at that time. However, it is not inappropriate for us to pass upon additional points suggested by the plaintiff.

It is stated that Davis, the trustee, was guilty of a breach of the bond requiring him to “receive and take charge of” a definite sum of money, to-wit: $3,128.39, because the sureties on Davis’ bond as executor were solvent and the money could have been recovered from them by Davis, as trustee. It is also claimed that the bond was…