Douglass v. Ferris
New York Supreme Court
Appeal from circuit court, Clinton county. Action by William 0. Douglass against Peter Ferris and Abbie A. Prouty, as executrix of Rodney Sargent, deceased, to recover upon a guardian’s bond, upon which the defendant Ferris and another and Rodney Sargent were sureties. Judgment for plaintiff. Defendants appeal.
1Opinion of the CourtHerrick, J.
For the reasons set forth in the opinion of Mr. Justice Tap-pan in the court below the judgment appealed from should be affirmed. In addition to, but in harmony with, the views expressed by the trial court, the following suggestions are made:
It seems to me that it was not necessary for the plaintiff to notify the sureties of the dishonesty of his guardian, in order to hold them to the obligation of their bond. They owed more than a passive duty. They should have seen to it that their principal discharged his duty. If they neglected it, they did so at their peril. Forrester v. State, 41 Md.…
2Cases cited8 opinions
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- Raisin v. ClarkCourt of Appeals of Maryland · 1874
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
- Bostwick v. . Van VoorhisNew York Court of Appeals · 1883
- Gillett v. WileyIllinois Supreme Court · 1888
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3Cited by2 opinions
- Haywood v. TownsendAppellate Division of the Supreme Court of the State of New York · 1896
- Lane v. FennNew York Supreme Court · 1912