Gilpatric v. National Surety Co.
Supreme Court of Connecticut
Action to recover the amount of a penal bond alleged to have been forfeited, deposited with the State treasurer by a private banker for the protection of his customers, who afterward suffered loss through his bankruptcy, brought to and tried by the Superior Court in New Haven County, Warner, Jfacts found and judgment rendered for the plaintiff for $10,583, and appeal by the defendant Surety Company.
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Action to recover the amount of a penal bond alleged to have been forfeited, deposited with the State treasurer by a private banker for the protection of his customers, who afterward suffered loss through his bankruptcy, brought to and tried by the Superior Court in New Haven County, Warner, Jfacts found and judgment rendered for the plaintiff for $10,583, and appeal by the defendant Surety Company. The plaintiff -is the immediate successor, as State treasurer, of the original plaintiff who brought the action while holding that office. The defendant Del Grego was for twenty-eight years before…
1Opinion of the CourtCase, J.
None of the grounds of attack upon the finding are well based. If we assume the correctness of the claim that certain paragraphs embody conclusions of law rather than statements of fact, these are nevertheless fully sustained by other and unchallenged parts of the finding and by the evidence. If these are technical defects of the kind complained of, they are not harmful to the defendant.
It is also urged that conclusions of fact are found “without stating the facts upon which these conclusions are based.” There is nothing necessarily irregular in this. So far as appears, the finding was made…
2Cases cited5 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Gray v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1899
- Tuzzeo v. . American Bonding Co.New York Court of Appeals · 1919
- American Surety Co. v. Pacific Surety Co.Supreme Court of Connecticut · 1908
3Cited by8 opinions
- Kaplan v. Merberg Wrecking CorporationSupreme Court of Connecticut · 1965
- State v. GuilfoyleSupreme Court of Connecticut · 1929
- Kurtz v. FarringtonSupreme Court of Connecticut · 1926
- Beach v. First National BankSupreme Court of Connecticut · 1927
- Krall Coal Co. v. Century Indemnity Co.Supreme Court of Connecticut · 1953
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