Clarke v. State ex rel. Williams
Court of Appeals of Maryland
Appeal from St. Mary's county court. The suit was instituted on the 8th of February, 1831, by the appellee, against the appellant, as the administrators of Calistus Underwood, the co-administrator with one Robert Holton, of Jeremiah Underwood, deceased.
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Appeal from St. Mary's county court. The suit was instituted on the 8th of February, 1831, by the appellee, against the appellant, as the administrators of Calistus Underwood, the co-administrator with one Robert Holton, of Jeremiah Underwood, deceased. The bond on which the action was brought is dated October 13th, 1821, and conditioned in tho common form for the faithful performance by Holton, and the appellant’s intestate, of their duty as administrators of the said Jeremiah Underwood. To the appellant’s plea of performance of the condition of the bond, the appellee replied, setting out a…
1Opinion of the CourtDorsey, J.
We cannot adopt the anomalous character attempted to be given to the bond on which the present action is founded, viz: that it is, as it were, the separate bond of each administrator, in which the securities are bound for both; but the administrators are not responsible the one for the other. Had the administrators designed to place themselves in that attitude, they should have executed separate bonds. By the unequivocal import of the present obligation, which we cannot control, and are not at liberty to depart from, they are jointly and severally answerable, not only each for his own act,…
2Cited by2 opinions
- Yakel v. YakelCourt of Appeals of Maryland · 1903
- Municipal Court v. WhaleySupreme Court of Rhode Island · 1903