Legal Opinion
Municipal Court v. Whaley
Supreme Court of Rhode Island
Decided June 27, 1903PublishedCited by 3 opinions
Debt on Bond.
1Opinion of the CourtStiness, C. J.
The ground of the demurrer to the declaration is that Joseph W. Smith, for whose benefit the action is brought, was a coprincipal with Henry W. Smith on the bond in suit, and a co-executor with said Henry W. Smith on the estate of Sheffield Smith; that said action is, therefore, by one of the principals on a bond, against the sureties thereon, to recover from said sureties for the default of his coprincipal, and is not maintainable.
The bond is joint and several.
Pub. Stat. cap. 184, § 10, in force at the time this bond was given, provided: “Every executor . . . shall give bond,” etc.
Under such…
2Cases cited15 opinions
- Ormiston v. . OlcottNew York Court of Appeals · 1881
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- Faulkner v. FaulknerSupreme Court of Missouri · 1880
- Boyd v. BoydSupreme Court of Pennsylvania · 1833
- Hall v. CarterSupreme Court of Georgia · 1850
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- President of Georgetown College v. MaddenDistrict Court, D. Maryland · 1980
- Southern Surety Co. v. TessumSupreme Court of Minnesota · 1929
- Adams v. McNuttIndiana Court of Appeals · 1925