New York Court of Appeals

Mary McK. Scofield, Respondent v. Coldwell D. Churchill, Appellants

February 19, 187872 N.Y. 565

Summary

The Court affirmed the judgment for the plaintiff, holding that the sureties on an executor's bond are liable for the executor's breach of the bond condition, including losses that occurred before the bond was executed, and that the surrogate's decree is binding on the sureties.