Bartels v. Gove

The opinion of the court was delivered by

Dunbar, J. —

This is an action by Peter Bartels, the administrator of the estate of Henry Bowman, deceased, against Scott, the former administrator, and Gove and Kitely, the sureties on his bond, to recover $3,315.65, an amount alleged to be due from Scott to Bartels; this amount representing money, property and effects claimed to be charged to Scott in his final account, which it is claimed he should have paid over to Bartels, the new administrator. Gove and Kitely demurred to the complaint on the grounds — (1) That it did not state facts sufficient to…