Berkey v. Judd
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Washington •county, on the probate bond of the executors of George B. Judd, deceased, the breach assigned being the refusal of the executors to pay to the plaintiff the amount of a judgment in his favor, which the probate court had ordered them to pay out of assets in their hands.
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Plaintiff brought this action in the district court for Washington •county, on the probate bond of the executors of George B. Judd, deceased, the breach assigned being the refusal of the executors to pay to the plaintiff the amount of a judgment in his favor, which the probate court had ordered them to pay out of assets in their hands. After the decision of the appeal to this court from an order overruling defendants’ demurrer, (31 Minn. 271,) the defendant Sabin (the surety on the bond) answered the complaint, and the action was tried by Crosby, J., (a jury being waived,) who ordered…
1Opinion of the CourtBerry, J.
The executors’ bond, having been executed by the executors, was signed and sealed by Sabin as surety, and by him left with the judge of probate, the statutory obligee, by whom it was aft-erwards duly approved, and letters testamentary issued accordingly. Upon this simple state of facts, the bond would be taken to have been completely executed by Sabin, and so as to bind him according to its *394tenor. It would have been signed, sealed, and delivered by bim. But it appears that Sabin signed the bond upon an understanding between him and the executor at whose request he signed it, and with the…
2Cases cited7 opinions
- Dair v. United StatesSupreme Court of the United States · 1873
- Deardorff v. ForesmanIndiana Supreme Court · 1865
- McCormick v. Bay CityMichigan Supreme Court · 1871
- Pence v. ArbuckleSupreme Court of Minnesota · 1876
- Smith v. Board of SupervisorsIllinois Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Farrell v. FabelSupreme Court of Minnesota · 1891