Legal Opinion

Scofield v. . Churchill

New York Court of Appeals

Decided February 19, 1878PublishedCited by 47 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts are set forth sufficiently in the opinion. Sureties to an official bond are only liable for the future conduct of their principal.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts are set forth sufficiently in the opinion. Sureties to an official bond are only liable for the future conduct of their principal. (Meyers v. U. S., 1 McL., 493; 16 Iowa, 81; 5 Pet., 389, 573; 4 Ala., 607; Bissell v. Saxton, 66 N. Y., 55; 1 McL., 493.) In an action upon the bond of an officer, his official reports are not conclusive as against his…

1Opinion of the CourtMiller, J.

This action was brought upon a bond given by the defendant Churchill, as principal, and the defendant Hustis and the three other defendants as sureties, upon condition that said Churchill should faithfully execute the trust reposed in him as executor of the last will and testament of Henry Churchill, deceased. * * * “ And also obey all orders of the surrogate of the county of Dutchess touching the estate committed.” Henry Churchill died in the month of December, 1866, leaving a last will and testament, which was duly proved, in which the defendant, Coldwell D. Churchill, was nominated as…

2Cases cited6 opinions

  1. County of Mahaska v. IngallsSupreme Court of Iowa · 1864
  2. Baggott v. BoulgerThe Superior Court of New York City · 1853
  3. Myers v. United StatesU.S. Circuit Court for the District of Ohio · 1839
  4. Bissell v. . SaxtonNew York Court of Appeals · 1876
  5. Gottsberger v. . TaylorNew York Court of Appeals · 1859

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3Cited by47 opinions

  1. Deobold v. . OppermannNew York Court of Appeals · 1888
  2. Bellinger v. ThompsonOregon Supreme Court · 1894
  3. Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
  4. Ellyson v. LordSupreme Court of Iowa · 1904
  5. Altman v. . HofellerNew York Court of Appeals · 1897

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