Gordon v. Succession of Diggs

The defendants, Sykes, and the executor of Diggs, were sued upon a bond given by them as sureties of Levistones, to release a sequestration of a steamer owned by Levistones and others, which issued in the suit of Gordon v. steamer Cincinnati, Levistones, and others.

Under the answer of Sykes, we think the genuiness of his signature was not, put in issue. C. P. 324.

The District Judge did not err in considering the matter specially pleaded by Sykes, as not constituting a discharge of the surety. The plea, and the showing made under it were, that the steamer was subsequently seized in another…