American Insurance Group v. Waclawski

Plaintiff seeks to. recover from the defendants, an administrator and her surety, $2,950 paid by plaintiff to the administrator in settlement of a wrongful death action. The administrator subsequently repudiated the settlement and did not return the money. The complaint consists of two counts, the first predicated on the misconduct of the administrator, and the second against her surety on her official administrator’s bond. The trial court dismissed the complaint as to the surety. Plaintiff appeals on the theoiy that the complaint stated a cause of action against the defendant surety.

The…