Clark v. Mix
Supreme Court of Connecticut
This was an action of debt on a bond executed by William Mix and Jesse Peck, as principals, and John 8. Mitchell, as surety, to the plaintiff’s predecessor, as judge of probate, dated June 27th, 1837, The defendants prayed oyer of the bond and condition, the latter of which required, that said William Mix and Jesse Peck, appointed trustees of all the goods, chattels, credits and estate of Isaac Mix & Sons of New-Haven, which were assigned for the benefit of their creditors,…
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This was an action of debt on a bond executed by William Mix and Jesse Peck, as principals, and John 8. Mitchell, as surety, to the plaintiff’s predecessor, as judge of probate, dated June 27th, 1837, The defendants prayed oyer of the bond and condition, the latter of which required, that said William Mix and Jesse Peck, appointed trustees of all the goods, chattels, credits and estate of Isaac Mix & Sons of New-Haven, which were assigned for the benefit of their creditors, by a deed of assignment, dated April 29th, 1837, and recorded among the records of the probate court for the district of…
1Opinion of the Court
Williams, Ch. J.
Upon the motion in arrest, the first question is, whether a sufficient cause of action is disclosed. The plaintiff, in his declaration, has counted upon a bond, in the usual manner; which, upon oyer, is set forth, atjd thus becomes a part of the declaration. Whether, therefore, the *1685th plea is sufficient or not, is of little importance in this case; for if the bond is illegal, as is there claimed, it appears on its face; and its character cannot be changed, by an allegation, such as is contained in that plea. The plea itself states no new fact, and offers no issue, but upon a…
2Cases cited13 opinions
- Pearpoint v. GrahamU.S. Circuit Court for the District of Pennsylvania · 1818
- Willey v. PaulkSupreme Court of Connecticut · 1825
- Bates v. CoeSupreme Court of Connecticut · 1834
- Keyes v. BrushNew York Court of Chancery · 1830
- Van Deusen v. HaywardNew York Supreme Court · 1837
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First National Bank v. HughesMissouri Court of Appeals · 1881
- Bates v. SimmonsWisconsin Supreme Court · 1885
- Hart v. StoneSupreme Court of Connecticut · 1861
- Colchester Savings Bank v. BrownSupreme Court of Connecticut · 1902
- Bolton v. CummingsSupreme Court of Connecticut · 1856
3 more not listed; retrieve them via the Exa API.