Williams v. Morehouse
Supreme Court of Connecticut
This was an action brought on the penal part of a bond* given to the plaintiff, as judge of the court of probate, for the faithful performance of the duty of administrator on the estate of Herman Couch deceased, by John Morehouse, one of the defendants. The defendants having prayed oyer of the bond and condition, the latter being in the form prescribed by statute, and having set them forth, pleaded performance generally.
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This was an action brought on the penal part of a bond* given to the plaintiff, as judge of the court of probate, for the faithful performance of the duty of administrator on the estate of Herman Couch deceased, by John Morehouse, one of the defendants. The defendants having prayed oyer of the bond and condition, the latter being in the form prescribed by statute, and having set them forth, pleaded performance generally. The plaintiff replied, and assigned a breach* consisting in the refusal and neglect of the administrator to inventory, or in any ilianner to account for, a debt due from him…
1Opinion of the CourtBissell, J.
The case turns entirely upon the effect of the assignment. On the part of the defendants, it has been con - tended, that its legal effect was, to vest all Couch's interest ¡in,. and title to, this demand, in Smith, the assignee : that upon the delivery of the deed, Morehouse ceased*to be the debtor of Couch, and became the debtor of Smith : that this was an assignment coupled with an interest; and, therefore, not revolted, bv the death of Couch : that inasmuch as the trusts crealed by the deed remained unexecuted, it could not be known, that there was, or would be, any residuary interest, in…
2Cited by4 opinions
- Finnegan v. LafontaineSupreme Court of Connecticut · 1937
- Stover v. HerringtonSupreme Court of Alabama · 1844
- Johnson v. BlackmanSupreme Court of Connecticut · 1836
- Carter v. SmithWisconsin Supreme Court · 1868