Bolton v. Cummings
Supreme Court of Connecticut
This was an action of debt, on a bond given to the plaintiff as sheriff of the county of Tolland, by the defendants, in the sum of twelve hundred dollars, the condition of which was that John P. Cummings, one of the defendants, then imprisoned in the county jail of said county, on an execution in favor of one Earl Cummings, should remain a faithful prisoner within the limits of the liberties of said jail until lawfully discharged.
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This was an action of debt, on a bond given to the plaintiff as sheriff of the county of Tolland, by the defendants, in the sum of twelve hundred dollars, the condition of which was that John P. Cummings, one of the defendants, then imprisoned in the county jail of said county, on an execution in favor of one Earl Cummings, should remain a faithful prisoner within the limits of the liberties of said jail until lawfully discharged. The declaration, after setting out the bond and condition, alleged that the plaintiff, on the receipt of the bond, permitted the said John P. Cummings to go at…
1Opinion of the CourtStorrs, J.
1. If the deed, offered in evidence by the plaintiff, had been given to the defendant, or was presumably in his possession, secondary evidence of its contents would not be admissible, unless the latter had been notified to produce it and refused to do so ; or, if it had been given to the plaintiff, such evidence would not be allowed without proof of its loss. Commonwealth v. Emery, 2 Gray, 80. But neither of these was the case here. The deed was given to a stranger to the suit, and was presumably in his possession, as it is the universal practice here for every grantee of real estate to…
2Cases cited4 opinions
- Kelsey v. HanmerSupreme Court of Connecticut · 1847
- Clark v. MixSupreme Court of Connecticut · 1842
- Seymour v. HarveySupreme Court of Connecticut · 1830
- Ely v. ParsonsSupreme Court of Connecticut · 1818
3Cited by4 opinions
- Loewenberg v. WallaceSupreme Court of Connecticut · 1960
- Lomas & Nettleton Co. v. City of WaterburySupreme Court of Connecticut · 1936
- Geddes v. SibleySupreme Court of Connecticut · 1932
- Riley v. WhittikerSupreme Court of New Hampshire · 1869