Rhode Island Mortgage Security Corp. v. Century Indemnity Co.

Heard on demurrer to thei declaration.

This is an action of debt on bond and the plaintiff has made use of the short form of common law declaration such as is found in the text books and in the Rhode Island Book of Forms.

The defendant has demurred on the ground that the declaration is uncertain and insufficient and, in particular, that there is no assignment of the breaches of the bond.

It is quite clear from an examination of the authorities that by the early common law the plaintiff was not bound to assign breaches in his declaration in an action on a bond because he had judgment and…