Bailey v. Lewis
Supreme Court of Connecticut
THIS was an action of debt on bond, in the penal sllm 0y j 200 dollars, executed by the defendants to Elisha Hawley, Ezra Lewis and Ephraim Sherwood, a committee of the presbyterian society of New-Stratjord, an¿j to *-|le;r successors in office, alleging that the plain- ° ° 1 tiffs are successors in office to the obligees named in the bond.
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THIS was an action of debt on bond, in the penal sllm 0y j 200 dollars, executed by the defendants to Elisha Hawley, Ezra Lewis and Ephraim Sherwood, a committee of the presbyterian society of New-Stratjord, an¿j to *-|le;r successors in office, alleging that the plain- ° ° 1 tiffs are successors in office to the obligees named in the bond. The defendants having prayed oyer of the bond and condition, it appeared that the bond was to be void on the payment of 800 dollars by the first of April (then) next, to the said obligees, or their successors in office. The plea then alleged, that A. G.…
1Opinion of the Court
By the Court.
In this case, two questions arise; First, whether this action can be supported by the plaintiffs, as successors in office to the obligees in the bond ? Secondly, whether the bond is not void, as tending to defeat the obvious intentions of the devisor, and operating a fraud on third persons l . . . ■
1. This bond being given to certain persons by name, the action might well have been brought in their names, upon principles of common law, although they are described as “committee;” and by the express words of the statute, the same powers are given to their successors to sue in their…
2Cited by2 opinions
- Langdon v. Congregational Society of PlymouthSupreme Court of Connecticut · 1837
- Caldwell v. SigourneySupreme Court of Connecticut · 1848