American Surety Co. of N.Y. v. Muckenfuss

The opinion of the Court was delivered by

Mr. W. C. Cothran, Acting Associate Justice.

This action is rather a novel one, and a brief statement will serve to present its unusual facts.

The plaintiff, a corporation of the State of New York, was surety on the bond of D. O. Herbert, who was the administrator of the estate of B. F. Muckenfuss, deceased. The estate amounted to about $90,000.00, and the bond of the administrator was fixed at $125,000.00. By various petitions in the Probate Court the bond was reduced in different amounts so that at the commencement of this action it was only for…