O'Connor v. Such
The Superior Court of New York City
This action was brought upon an administrator’s bond against Such, the administrator, and William F. Cary and Charles A. Heckscber, his sureties.
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This action was brought upon an administrator’s bond against Such, the administrator, and William F. Cary and Charles A. Heckscber, his sureties. The Surrogate of the City and County of Hew York having made an order requiring Such, as administrator, to pay Owen O’Connor $2,240, on account of a claim of the latter against the intestate, and to pay the proctor of the latter seventy-five dollars costs, and the fees of the Surrogate accrued upon the accounting; and Such having failed to comply, the decree was docketed with the County Clerk and execution issued thereon, according to the statute,…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
The judgment is in the form prescribed by 2 R. S., 378, § 10, [sec. 9.] That *320statute, except as it is modified by the Code,, regulates the proceedings to be had in an action upon a bond for the breach of any condition other than the payment of money. This bond is of that character, not containing a condition in terms to pay money. (Lyon v. Clark, 4 Seld., 153.)
That statute allows but one suit on the bond; and provides that, if there be further breaches after judgment, a scire facias issue on the j udgment, &c., and also prescribes the mode of ascertaining thereby…
2Cases cited2 opinions
- Baggott v. BoulgerThe Superior Court of New York City · 1853
- Ireland v. LitchfieldThe Superior Court of New York City · 1861
3Cited by3 opinions
- Dayton v. . JohnsonNew York Court of Appeals · 1877
- In re the Assignment of StockbridgeNew York Court of Common Pleas · 1879
- Hagood v. BlytheU.S. Circuit Court for the District of South Carolina · 1889