Babcock v. Hubbard
Supreme Court of Connecticut
THIS was an action of assumpsit, alleging that the plaintiff, on the 28th of June 1808, at the request of Sally Hubbard, then Sally Phelps, a feme sole, Joseph D. Phelps, since deceased, Stiles Phelps and Jonathan Phelps, executors of the will of Charles Phelps, Esq., deceased, signed, with them, a bond to the judge of probate, for the faithful performance of their trust as executors, in consideration whereof, they promised the plaintiff, that they would, at all times, fully…
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THIS was an action of assumpsit, alleging that the plaintiff, on the 28th of June 1808, at the request of Sally Hubbard, then Sally Phelps, a feme sole, Joseph D. Phelps, since deceased, Stiles Phelps and Jonathan Phelps, executors of the will of Charles Phelps, Esq., deceased, signed, with them, a bond to the judge of probate, for the faithful performance of their trust as executors, in consideration whereof, they promised the plaintiff, that they would, at all times, fully indemnify him j and that after the decease of Joseph D. Phelps, an action was brought, in the name of the judge of…
1Opinion of the Court
Swift, Ch. J.
It appears, that Sally Phelps, now Sally Hubbard, Joseph D. Phelps, deceased, Stiles Phelps and Jonathan Phelps, were co-executors of the will of Charles Phelps, deceased : and that Paul Babcock, the plaintiff, was surety for them in their bond to the judge of probate, for the faithful performance of their trust as executors j that the bond has been put in suit, and a recovery had of a large sum of money, which the plaintiff has been compelled to pay; and he brings this action to recover an indemnity.
Whenever one man becomes surety for another, for the payment of money, or the…
2Cited by12 opinions
- Chipman v. Morill & WebsterCalifornia Supreme Court · 1862
- Johnson v. MortensonSupreme Court of Connecticut · 1929
- Boyd v. BoydSupreme Court of Pennsylvania · 1833
- Nanz v. . OakleyNew York Court of Appeals · 1890
- Dobyns v. McGovernSupreme Court of Missouri · 1852
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