Appellate Division of Supreme Court v. Lawyers' Surety Co.
Supreme Court of Rhode Island
Action upon the bond of an assignee in insolvency, given under the provisions of Gen. Laws R. I. cap. 274, § 35. The action was brought at the relation of the successor of the original assignee against the surety on the bond. Heard on demurrer to the action on grounds stated in the opinion. Demurrer sustained.
1Opinion of the CourtStiness, J.
This action is brought under the provisions of Gen. Laws, cap. 274, § 35, at the relation of Eugene E. Bowen, assignee in insolvency, upon the bond given by a preceding assignee. The defendant demurs to the declaration upon the ground that the relator is not a ‘ ‘ person interested or aggrieved,” as required by the statute.
It has been held in this State, in Court of Probate v. Smith, 16 R. I. 444, that an administrator de bonis non cannot sue upon the bond of a predecessor for estate by him administered and appropriated to his own use. This is the common law rule, which is based upon a want…
2Cases cited2 opinions
- Prosser v. HartleySupreme Court of Minnesota · 1886
- Jackson v. RoundsIndiana Supreme Court · 1877