Griffin v. Pratt
Supreme Court of Connecticut
IN ERROR. THIS was an action of debt, brought by Joab Griffin,*]ufl. Esq., as judge of the court of probate for the district of Granby, on a bond, executed by Nathaniel Pratt and Sadoce Wilcox, conditioned for the faithful performance, by Pratt, of the duty of an administrator of the estate of his father, Nathaniel Pratt, deceased. The defendants pleaded performance, generally.
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IN ERROR. THIS was an action of debt, brought by Joab Griffin,*]ufl. Esq., as judge of the court of probate for the district of Granby, on a bond, executed by Nathaniel Pratt and Sadoce Wilcox, conditioned for the faithful performance, by Pratt, of the duty of an administrator of the estate of his father, Nathaniel Pratt, deceased. The defendants pleaded performance, generally. The plaintiff replied as follows: “ That the defendants have not kept and performed the condition of said bond, but have broken the same, in this, that the said administrator caused said estate to be represented…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff has brought his action on the penal part of a bond, given to him, by the defendants, for the faithful performance of the duty of an administrator. The defendants pleaded performance; and the plaintiff replied, stating a number of facts, to shew that the condition of the bond had been broken. For the supposed insufficiency of the replication, judgment was arrested, and a repleader awarded ; and, whether this determination was correct, is the only question.
To a plea of performance to debt on bond, given to perf form covenants mentioned in the condition of it, the…
2Cited by10 opinions
- Oles v. FurlongSupreme Court of Connecticut · 1948
- Watson v. WatsonSupreme Court of Connecticut · 1834
- Curtis v. Mutual Benefit Life Co.Supreme Court of Connecticut · 1880
- Plant v. HarrisonNew York Supreme Court · 1902
- King v. SeaAppellate Court of Illinois · 1880
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