Beebe v. Gardner
Supreme Court of Connecticut
This was an action of debt on a bail bond, executed jointly, by Lebbeus W. Gardner, as principal, and Henry Gardner, as surety, to Thomas L. Fox, a constable, and by him assigned to Daniel F. Beebe, the plaintiff.
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This was an action of debt on a bail bond, executed jointly, by Lebbeus W. Gardner, as principal, and Henry Gardner, as surety, to Thomas L. Fox, a constable, and by him assigned to Daniel F. Beebe, the plaintiff. The defendants pleaded the general issue; on which the cause was tried, at New-London, September term, 1834, before Bissell, J, The plaintiff claimed to have proved, by the testimony of Fox, the officer, who had an execution against L. W. Gardner, dated the 14th of June, 1832, that on the 9th of August, he, Fox, went to the debtor’s dwelling-house, and did not find him there; and by…
1Opinion of the Court
J. Two
exceptions are taken to the pro- ceedings of the judge, on the trial of this cause at the circuit: 1.
In refusing to instruct the jury, that if they believed the testimony of Fox, they should return a verdict for the plaintiff; and instructing them, that if the principal might have been ta- ken, by the officer, by the use of common and ordinary diligence, there was in law no avoidance; and that they were to deter- mine, from all the evidence, whether such diligence had been used. 2.
In charging the jury, that the promise of Henry Gard- ner, (the surety) as stated in the motion and claimed…
2Cases cited3 opinions
- Collins v. CookSupreme Court of Connecticut · 1809
- Newell v. HoadleySupreme Court of Connecticut · 1831
- Edwards v. GunnSupreme Court of Connecticut · 1820
3Cited by5 opinions
- Stearns v. BatesSupreme Court of Connecticut · 1878
- Hall v. WhiteSupreme Court of Connecticut · 1858
- Beach v. ElliottSupreme Court of Connecticut · 1876
- Schanck v. ArrowsmithNew Jersey Court of Chancery · 1853
- Eldridge v. BellowsSuperior Court of New Hampshire · 1814