Dobyns v. McGovern
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. STATEMENT OF THE CASE. Thin was a suit ill chancery, and the material facts are as follows : On the 29th of Jilne, 1836, Philip McGovern and Hugh O’Neil were appointed administrators of the estate of Mary Reilly, and jointly executed an administration bond, as principal-, with John Finney, John Shade and the complainnnt Dobyns as security, conditioned in the usual form, that said McGorern and O’Neil as such administrators, should…
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ERROR to St. Louis Court of Common Pleas. STATEMENT OF THE CASE. Thin was a suit ill chancery, and the material facts are as follows : On the 29th of Jilne, 1836, Philip McGovern and Hugh O’Neil were appointed administrators of the estate of Mary Reilly, and jointly executed an administration bond, as principal-, with John Finney, John Shade and the complainnnt Dobyns as security, conditioned in the usual form, that said McGorern and O’Neil as such administrators, should faithfully administer said estate, account for, pay and deliver all money and property of said estate, and perform all…
1Opinion of the CourtScott, J.
The case of Owen’s Executor vs. Aaron Overton, executor, &c., decided at the January term of this court for the present year, recognized the principle of Babcock va. Hubbard, 2 Conn. 536, that executors, who have given bond with surety for the faithful performance of their trust, are jointly liable, as principals, to indemnify the surety who has been subjected for the default of one of them. Though the liability of each of the executors, as parties to the bond may as between themselves, resemble that of a surety, for his principals, yet, as regards the surety, who to every intent is merely…
2Cases cited1 opinion
- Babcock v. HubbardSupreme Court of Connecticut · 1818
3Cited by11 opinions
- State ex rel. Rucker v. RuckerSupreme Court of Missouri · 1875
- State ex rel. Watts v. BoonSupreme Court of Missouri · 1869
- Walker v. MauroSupreme Court of Missouri · 1853
- Brumback v. J. B. Oldham & Co.Idaho Supreme Court · 1878
- Primeau v. PrimeauSupreme Court of Missouri · 1927
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