Rossiter v. Downs
Supreme Court of Connecticut
This was an action of debt on a bond, executed by the defendants, to the plaintiff, as sheriff of the county of New-Haven, the condition of which was, that Lyman Downs, one of the defendants, being confined in New-Haven county gaol, by virtue of an execution in favour of George Monson, issued by the county court, signed by John H. Lynde, clerk, and dated the 29th of March, 1817, for the sum of 68 dollars, 46 cents, besides officer’s fees, should remain a faithful prisoner…
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This was an action of debt on a bond, executed by the defendants, to the plaintiff, as sheriff of the county of New-Haven, the condition of which was, that Lyman Downs, one of the defendants, being confined in New-Haven county gaol, by virtue of an execution in favour of George Monson, issued by the county court, signed by John H. Lynde, clerk, and dated the 29th of March, 1817, for the sum of 68 dollars, 46 cents, besides officer’s fees, should remain a faithful prisoner within the limits, until lawfully discharged. The defendants pleaded performance generally. The plaintiff replied, That…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff brought an action of debt against the defendants, declaring on the penal part of a bond. Having prayed oyer of the obligation, the defendants recite the condition, from which it appears, that Lyman Downs was confined in gaol, by virtue of an execution for the sum of 68 dollars, 46 cents, in favour of George Monson, and against the said Lyman; and that the bond was given to secure the plaintiff in the event of the debtor's escape. They then plead performance of the condition. In his replication to this plea, the plaintiff alleges the facts requisite to show a breach…
2Cited by2 opinions
- Peck v. AbbeSupreme Court of Connecticut · 1836
- Den ex dem. Swan v. DespreauxSupreme Court of New Jersey · 1831