Rudolf v. Malone
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county: JohN R. BeNNBtt, Circuit Judge. This is an action for contribution, brought by eight sureties against three alleged co-sureties for money paid on bonds given by one W. T. Rambusch as executor of the will of one John Nelson, deceased.
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Appeal from a judgment of the circuit court for Rock county: JohN R. BeNNBtt, Circuit Judge. This is an action for contribution, brought by eight sureties against three alleged co-sureties for money paid on bonds given by one W. T. Rambusch as executor of the will of one John Nelson, deceased. The complaint alleges the appointment of Rambusch as executor, and the giving of an executor’s bond by him January 5, 1892, which was signed by five of the plaintiffs and the three defendants as sureties. The complaint further alleges the issuance of letters testamentary to Rambusch; that he entered…
1Opinion of the CourtWiNslow, J.
This court has recently decided, after full consideration, that county courts, prior to the passage of ch. 335, Laws of 1897 (now found in part in sec. 42815, Stats. 1898), had no power, by the taking of a new bond or otherwise, to discharge sureties from liability for either past or prospective misconduct of an executor, administrator, or trustee, but that such new bond, if taken, was merely cumulative. Richter v. Leiby's Estate, 101 Wis. 434. This being the law, it is evident that the giving of the second bond in this case in August, 1893, did not discharge the liability of any surety on…
2Cases cited2 opinions
- Richter v. Estate of LeibyWisconsin Supreme Court · 1898
- Thompson v. DekumOregon Supreme Court · 1898
3Cited by6 opinions
- Bookhart v. YoungloveSupreme Court of Iowa · 1928
- Brehm v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1905
- Western Indemnity Co. v. MurrayTexas Commission of Appeals · 1922
- Luce v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1936
- United States Fidelity & Guaranty Co. v. Commercial Casualty InsuranceWisconsin Supreme Court · 1936
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