Warren v. Powers
Supreme Court of Connecticut
This was an action on a bond, in the penal sum of 10,000 dollars, executed, by the defendants, to the plaintiff, as judge of probate, on the 14th of May, 1821. The action was commenced on the 30th of October, 1822. The condition shewn on oyer, and recited in the plea of the defendants, was, in the form prescribed by statute, for the faithful performance, by James Powers, of the duty of administrator of the estate of Joshua Powers, deceased.
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This was an action on a bond, in the penal sum of 10,000 dollars, executed, by the defendants, to the plaintiff, as judge of probate, on the 14th of May, 1821. The action was commenced on the 30th of October, 1822. The condition shewn on oyer, and recited in the plea of the defendants, was, in the form prescribed by statute, for the faithful performance, by James Powers, of the duty of administrator of the estate of Joshua Powers, deceased. The defendants pleaded performance generally. The plaintiff replied, setting forth the following breaches: 1st, That said James did not make, or cause to…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff has brought an action, as judge of probate, on the penal part of a bond. Having prayed oyer of the condition, and having recited it, the defendants pleaded performance. To this the plaintiff has replied, setting forth a number of breaches, viz. in the administrator’s not having made and exhibited an inventory within the period specified in the condition of the bond, nor a true and just account of his adminisstration ; and in not having paid to certain creditors the sums found due to them, by the commissioners on the estate of the deceased, which had been…
2Cases cited1 opinion
- Coney v. WilliamsMassachusetts Supreme Judicial Court · 1812
3Cited by11 opinions
- Belfield v. BoothSupreme Court of Connecticut · 1893
- Probate Court v. VanduzerSupreme Court of Vermont · 1841
- Trainor v. WormanSupreme Court of Minnesota · 1885
- Rowland v. IsaacsSupreme Court of Connecticut · 1842
- United German Bank v. KatzCourt of Appeals of Maryland · 1881
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