Colburn v. Carter

Citations

• 25 Haw. 518
• 1920 Haw. LEXIS 35

Syllabus

<p>Principal and Surety — probate bond — judgment against principal conclusive on sureties.</p> <p>An order made by a circuit judge in probate against an executrix holding her to be indebted to the estate in a certain sum, surcharging her therewith and directing her to pay the sum into court, followed by the recovery in a court of law of a judgment upon the bond for breach of condition conclusively binds the sureties on the bond.</p> <p>Same — subrogation.</p> <p>A surety who has paid the judgment is not subrogated to the rights of his principal to the extent that he may maintain an independent action in assumpsit against third parties for whom he claims the money involved was actually expended.</p>