Haight v. . Brisbin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 27, 1885, which affirmed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 27, 1885, which affirmed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint. (Reported below, 36 Hun, 579.) This action was upon a bond executed by defendant, Giles S. Brisbin, with the other defendants as sureties, given in pursuanee of an order of the surrogate, conditioned that said Giles S. Brisbin, as executor and trustee under the will of Catherine S. Bailey, should faithfully discharge the trusts, and obey…
1Opinion of the CourtFinch, J.
The argument on this demurrer concedes, as a general rule, that the sureties upon the bond of an executor or administrator are not liable until the default of their principal has been established before the surrogate. (Hood v. Hood, 85 N. Y. 561.) The respondent, however, claims that the rule is not universal and admits of exceptions, and is not to be ap plied in a case where the Surrogate’s Court has no jurisdiction to redress the specific wrong which forms the subject of complaint. The causes of action asserted by the plaintiff were in substance that an executor, empowered and directed by…
2Cases cited3 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Hyland v. . BaxterNew York Court of Appeals · 1885
- Haight v. . BrisbinNew York Court of Appeals · 1884
3Cited by18 opinions
- Perkins v. . StimmelNew York Court of Appeals · 1889
- Otto v. . Van RiperNew York Court of Appeals · 1900
- United States Fidelity & Guaranty Co. v. NashWyoming Supreme Court · 1912
- In re the Judicial Settlement of the Account of RolphNew York Surrogate's Court · 1890
- Hood v. HaywardNew York Supreme Court · 1888
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