Thomson v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by David Thomson, trustee of the estate of Benjamin Lord, deceased, against the American Surety Company of. New York. From a judgment awarding plaintiff six cents only as damages, entered on the report of a referee, plaintiff appeals.
1Opinion of the CourtIngraham, J.
The action was brought to recover for the amount of a bond given by the defendant as surety for one Augustus Cruikshank, who had been appointed trustee to execute the trust *565contained in the last will and testament of Benjamin Lord, deceased. The pleadings admitted, in substance, that one Benjamin Lord died on or about July 5, 1851, leaving a last will and testament, which was duly admitted to probate on December 31, 1851, and letters testamentary were duly issued to Caleb Barstow; that thereafter said Caleb Barstow resigned as trustee under said will, and one Gilbert Marshall was duly…
2Cases cited5 opinions
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- People v. . BackusNew York Court of Appeals · 1889
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Thomson v. . MacGregorNew York Court of Appeals · 1880
3Cited by1 opinion
- Stratton v. City Trust, Safe Deposit & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902