Bamberger v. American Surety Co.

The language of section 2607 of the Code should not be construed according to the strict letter thereof; and so that no person having an interest in the enforcement of the surrogate’s decree, can maintain an action upon the official bond of an administrator other than the person in whose favor the decree was made.

Assuming that the allegations of fact set forth in the complaint are true and gathering therefrom every inference most favorable to the plaintiff, it appears among other things that the plaintiff is the owner, by assignment from Charles G. Gall, of a claim against the estate of…