Eberhardt v. Wood

The Chancellor :

— This is a motion by a surety against 'a co-surety for contribution, the defence relied on being a discharge in bankruptcy under the bankrupt act of congress of 1867.

In the year 1860, Elizabeth Earhart was appointed administratrix of her husband’s estate, and gave bond for the faithful discharge of her duties, with the plaintiff and defendant as her sureties. She was afterwards removed as administratrix, and O. F. Noel was appointed administrator de bonis non in her place. On the 30th of April, 1861, Noel, as administrator de bonis non, filed his bill in this court against…