Jacobs v. Hogan
Supreme Court of Connecticut
Action to recover the amount of a liquor license bond, brought to the Court of Common Pleas in New Haven County and tried to the court, Bishop, J., upon a demurrer to the answer; the court sustained the demurrer and rendered judgment for the plaintiff, and the defendant Joseph Corr appealed for alleged errors in the rulings of the court. The complaint alleges the execution of the bond (which is set out in full), and also the facts by virtue of which it became forfeited.
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Action to recover the amount of a liquor license bond, brought to the Court of Common Pleas in New Haven County and tried to the court, Bishop, J., upon a demurrer to the answer; the court sustained the demurrer and rendered judgment for the plaintiff, and the defendant Joseph Corr appealed for alleged errors in the rulings of the court. The complaint alleges the execution of the bond (which is set out in full), and also the facts by virtue of which it became forfeited. The principal in the bond is the defendant Kate Hogan, and the surety is the defendant Joseph Corr. The bond is joint and…
1Opinion of the CourtHamersley, J.
In support of the sufficiency of the second paragraph of his answer, the defendant Corr relies on the principle that a conditional delivery of a bond is not a delivery until the condition has been fulfilled. This principle is not involved in the decision upon the demurrer. The complaint alleges'the execution of the bond. This is an allegation of its delivery. Jacobs v. Curtiss, 67 Conn. 497, 501. In failing to specifically deny the execution and delivery of the bond as alleged (General Statutes, § 874), the' defendant, for the purposes of the case, admits the execution and delivery; these…
2Cases cited3 opinions
- Garland v. GainesSupreme Court of Connecticut · 1901
- Greathead v. WaltonSupreme Court of Connecticut · 1873
- Jacobs v. CurtissSupreme Court of Connecticut · 1896
3Cited by2 opinions
- General Products Co. v. BezziniConnecticut Superior Court · 1976
- General Products Co. v. BezziniConnecticut Superior Court · 1976