Fazzano v. Martin
Supreme Court of Connecticut
Action to recover the amount of a joint and several bond, brought to and tried by the Court of Common Pleas in Hartford County, Smith, J.; facts found and judgment rendered for the plaintiff for $800, and appeal by the defendants other than Joseph Martin. In an action for damages brought by the plaintiff against Joseph and Margaret Martin and another, an attachment was made of “a stock of groceries and business fixtures as the property” of the Martins.
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Action to recover the amount of a joint and several bond, brought to and tried by the Court of Common Pleas in Hartford County, Smith, J.; facts found and judgment rendered for the plaintiff for $800, and appeal by the defendants other than Joseph Martin. In an action for damages brought by the plaintiff against Joseph and Margaret Martin and another, an attachment was made of “a stock of groceries and business fixtures as the property” of the Martins. On the same day, and at the office of the deputy sheriff who had made the attachment, a joint and several bond was executed to the plaintiff…
1Opinion of the CourtCase, J.
While the statutes provide a convenient method for the compulsory release of property withheld by attachment, they neither exclude nor impair the right of parties to reach the same result by voluntary, mutual agreement. Robertson & Govanne Cont. Co. v. Ætna Acc. & Liability Co., 91 Conn. 129, 99 Atl. 557; Mosher v. Murphy, 121 Mass. 276, 278. That the bond here is not in the form prescribed for proceedings under the statute (§ 5888), is, therefore, without other significance than to leave the scope and extent of the undertaking embraced in it to be gathered from the intent of the parties as…
2Cases cited7 opinions
- Inbusch v. FarwellSupreme Court of the United States · 1862
- Schunack v. Art Metal Novelty Co.Supreme Court of Connecticut · 1911
- Poole v. DyerMassachusetts Supreme Judicial Court · 1877
- Lewis v. DwightSupreme Court of Connecticut · 1834
- Mosher v. MurphyMassachusetts Supreme Judicial Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Curley v. MarzulloSupreme Court of Connecticut · 1940
- Oklahoma State Bank v. ReedSupreme Court of Oklahoma · 1930
- Carter v. WalkerSupreme Court of Oklahoma · 1928
- Credit Service Co. v. PayneOregon Supreme Court · 1926