Goodwin v. American Surety Co. of New York

Plaintiff brought this action against three defendants, namely, his former guardian, the surety on the guardian’s bond, and a local bank, to recover certain sums of money alleged to have been paid by the guardian from the funds of plaintiff’s estate to the bank without authority. The guardian defaulted in the action. The surety and the bank appeared separately and in their answers denied liability. By way of cross-complaint against the bank, the surety asked to be subrogated to any rights which plaintiff might establish against the bank. Trial before the court, without a jury, resulted in a…