Jacobs v. Curtiss
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, Hotchkiss, J., upon the plaintiff’s demurrer to the answer of the defendant; the court sustained the demurrer and thereafter rendered judgment for the plaintiff, and the defendant appealed for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.
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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, Hotchkiss, J., upon the plaintiff’s demurrer to the answer of the defendant; the court sustained the demurrer and thereafter rendered judgment for the plaintiff, and the defendant appealed for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion. The court erred in sustaining the demurrer to the second defense. By this defense it appears that the principal named in the bond did not sign it. There can be no obligation on…
1Opinion of the CourtTorrance, J.
This is a suit upon a joint and several bond given under the laws relating to the sale of intoxicating liquors, upon the issue of a license to Hammersley, the principal named in the bond.
The action was brought against Hammersley and his surety Curtiss, but no service was made upon Hammersley, because he could not be found, and Curtiss alone defends. The complaint sets out the bond and a breach of it, in the usual form.
The pleadings, as they now stand, consist of three special defenses; but one of these, the last one, alleging in substance that Hammersley had not been convicted of violating…
2Cases cited8 opinions
- Lamphear v. BuckinghamSupreme Court of Connecticut · 1866
- Gaylord v. PayneSupreme Court of Connecticut · 1822
- Griswold v. MatherSupreme Court of Connecticut · 1825
- State ex rel. Phillips v. RushSupreme Court of Missouri · 1883
- Goodyear Dental Vulcanite Co. v. BaconMassachusetts Supreme Judicial Court · 1889
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3Cited by4 opinions
- North St. Louis Planing Mill Co. v. EssexMissouri Court of Appeals · 1911
- Smith v. PackardCourt of Appeals for the Seventh Circuit · 1900
- Williams v. MorrisSupreme Court of Arkansas · 1911
- Jacobs v. HoganSupreme Court of Connecticut · 1901