Welch v. Seymour
Supreme Court of Connecticut
Debt, on a bond given by the defendant, John W. Seymour, as principal, and by the other defendants, Charles Seymour Jr., Austin Dunham and Henry Z. Pratt, as his sureties, for the faithful discharge, by the principal, of the office of treasurer of the Hartford County Savings Association. The plaintiffs were the trustees in insolvency of the association.
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Debt, on a bond given by the defendant, John W. Seymour, as principal, and by the other defendants, Charles Seymour Jr., Austin Dunham and Henry Z. Pratt, as his sureties, for the faithful discharge, by the principal, of the office of treasurer of the Hartford County Savings Association. The plaintiffs were the trustees in insolvency of the association. Seymour was appointed treasurer of the association in January, 1851, and on the 8th day of February, 1851, the bond in question was given. Seymour was annually re-appointed to the office until January, 1858, but no new bond was given. He…
1Opinion of the CourtEllswokth, J.
There are two principal questions in this case : 1st. Is the bond in suit an annual bond ? and, [ *890 ] if it is, *2d. Are the' sureties in it liable for the ■ default of the principal, which occurred some five years after its date and delivery ? •
We entertain no doubt upon either of these questions. The authorities are all one way, and, although they may not express the -popular opinion, they appear to us to declare the law correctly, and to rest on principles which can not be controverted.
The bond is, in its language,'a mere general bond, and as such is an annual bond, if it was given for an…
2Cases cited3 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Evarts v. Killingworth Manufacturing Co.Supreme Court of Connecticut · 1850
- Thrall v. LathropSupreme Court of Vermont · 1858
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