O'Connor v. Hartford Accident & Indemnity Co.
Supreme Court of Connecticut
Action against the surety in a bond substituted for an attachment, alleging breach of condition by the principal, brought to the Superior Court in New London County "where a demurrer to the reply was overruled, Wolfe, J., a demurrer to the rejoinder was sustained and judgment rendered {Banks, J.) on the pleadings for the plaintiff, for $2,415.55, from which the defendant appealed.
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Action against the surety in a bond substituted for an attachment, alleging breach of condition by the principal, brought to the Superior Court in New London County "where a demurrer to the reply was overruled, Wolfe, J., a demurrer to the rejoinder was sustained and judgment rendered {Banks, J.) on the pleadings for the plaintiff, for $2,415.55, from which the defendant appealed. The plaintiff’s intestate died July 25th, 1919, because of injuries accidentally sustained by her on that day and caused by the negligence of Harry Zavaritis in operating his automobile. On the same day, the…
1Opinion of the CourtBurpee, J.
The defendant claimed that the payment made by the Travelers Insurance Company to the plaintiff, in the circumstances surrounding the transaction, discharged the defendant from liability as surety in the bond substituted for the attachment in the plaintiff’s suit against Zavaritis, which is the basis of this action, and the condition of which is quoted in the foregoing statement of facts. This claim was overruled by the court below in its decisions upon the demurrer to the reply and to the rejoinder. In both memoranda of decision, the court applies the provisions of Chapter 331 of the Public…
2Cases cited8 opinions
- Green v. BiddleSupreme Court of the United States · 1823
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