Ordinary v. Dean
Supreme Court of New Jersey
On demurrer to pleas. The defendants, Mahlon D. Dickinson and Samuel M. Lippincott, impleaded with Benjamin F. Dean, plead four pleas to the declaration filed in the name of the Ordinary in an action against them on a guardian’s bond, dated December 26th, 1860, in the penal sum of $3000. Demurrers to the third and fourth pleas, joinders to these demurrers, and replications to the first and second pleas were filed. The defendant, Benjamin E. Dean, guardian, made no defence.
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On demurrer to pleas. The defendants, Mahlon D. Dickinson and Samuel M. Lippincott, impleaded with Benjamin F. Dean, plead four pleas to the declaration filed in the name of the Ordinary in an action against them on a guardian’s bond, dated December 26th, 1860, in the penal sum of $3000. Demurrers to the third and fourth pleas, joinders to these demurrers, and replications to the first and second pleas were filed. The defendant, Benjamin E. Dean, guardian, made no defence. The breaches assigned in the declaration are that the said Benjamin E. Dean did not, within three months from the date of…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
The abstract from the pleadings above given shows that the defendants, Lippencott and Dickinson, who are sureties on the guardian’s bond, rest their defence in this action on their third and fourth pleas, which have been demurred to, on the settlement by their principal to his final account in the Orphans’ Court, and the acceptance by his successor in the office of guardian of a dividend from the assignee amounting to $1869.61, about one-half the sum of $3722.95, due by the decree of that court in such final settlement.
It must be assumed on…
2Cases cited5 opinions
- Hutchins v. JohnsonSupreme Court of Connecticut · 1837
- Torry v. . BlackNew York Court of Appeals · 1874
- Potter v. HiscoxSupreme Court of Connecticut · 1862
- Weed v. EllisNew York Supreme Court · 1805
- Weston v. StuartSupreme Judicial Court of Maine · 1834
3Cited by1 opinion
- Massey v. Del-Valley Corp.New Jersey Superior Court Appellate Division · 1957