John S. Beers v. Mark Shannon, Impleaded

Summary

The Court reversed the lower court's judgment, holding that the omission of the word “as” does not defeat the plaintiff’s representative capacity as executor, that the surrogate court had jurisdiction because the bond was an asset located in the county, that a bond’s situs is where the bond is, and that actual damages must be proved in a bond action conditioned for performance of a covenant, requiring a new trial.