Douglas v. Hennessy
Supreme Court of Rhode Island
Covenant. This action was brought March 2,1885, on the bond printed at length in Fussell v. Hennessy, 14 R. I. 550, 551-553, after final decree in that case. The defendant demurred to the whole declaration. The demurrer was argued May 5, 1885, and the court, July 18, 1885, filed the following rescript: — “ The demurrer is to the entire declaration, and therefore must be overruled if either count is good.
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Covenant. This action was brought March 2,1885, on the bond printed at length in Fussell v. Hennessy, 14 R. I. 550, 551-553, after final decree in that case. The defendant demurred to the whole declaration. The demurrer was argued May 5, 1885, and the court, July 18, 1885, filed the following rescript: — “ The demurrer is to the entire declaration, and therefore must be overruled if either count is good. The court thinks that the second count is good, unless the death of the obligee of the bond in suit, without assignment, rendered it impossible for the defendant to perform the condition to…
1Opinion of the CourtDukeee, C. J.
This is a suit on a bond given by the defendant to the plaintiff’s intestate, the late Euphemia Fussell, wife of John Fussell, of Roxbury, Mass. The bond is dated April 4,1866. The condition recites that William Duff, of Providence, is indebted to the defendant in divers sums of money ; that said John Fussell is indebted to Duff in divers sums of money; that Duff has conveyed by deed, of even date with the bond, certain parcels of land in Massachusetts to the defendant; and that the defendant has agreed, upon payment of the indebtedness of Duff to him and of Fussell to Duff, etc., to convey…
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- Hathaway v. CrosbySupreme Judicial Court of Maine · 1840
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