Van Zandt Jacobs & Co. v. Steiber
Supreme Court of Connecticut
Action against the surety upon a penal bond to recover the amount of an unsatisfied judgment obtained by the plaintiff against the principal of the bond, brought to and tried by the Court of Common Pleas in Fairfield County, Scoff, J., upon demurrer to the answer; the court sustained the demurrer and rendered judgment for the plaintiff for $312, and the defendant appealed.
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Action against the surety upon a penal bond to recover the amount of an unsatisfied judgment obtained by the plaintiff against the principal of the bond, brought to and tried by the Court of Common Pleas in Fairfield County, Scoff, J., upon demurrer to the answer; the court sustained the demurrer and rendered judgment for the plaintiff for $312, and the defendant appealed. The plaintiff seeks recovery against the surety for a breach of the condition of a common bond given October 27th, 1914. The condition is as follows: “The condition of this obligation is such that whereas the said Van Zandt…
1Opinion of the CourtPrentice, C. J.
This record presents but one question. Although the plaintiff’s demurrer to the answer, which was sustained below, states several reasons of demurrer, they all gather about the general question whether, upon the facts stated in the pleadings, all of which stand admitted, the plaintiff is entitled to recover against the defendant as surety upon the bond in suit.
In Schunack v. Art Metal Novelty Co., 84 Conn. 331, 80 Atl. 290, a bond substantially identical with that here sued upon and given under similar conditions was before this court. It was there held that the bond, although given to secure…
2Cases cited1 opinion
- Schunack v. Art Metal Novelty Co.Supreme Court of Connecticut · 1911
3Cited by7 opinions
- Curley v. MarzulloSupreme Court of Connecticut · 1940
- Pullman Metal Specialty Co., Inc. v. LangSupreme Court of Connecticut · 1924
- Servall Automobile Service, Inc. v. McDuffieArizona Supreme Court · 1934
- Fidelity & Deposit Co. of Maryland v. ShepherdCourt of Appeals for the D.C. Circuit · 1926
- Hart v. DeweyConnecticut Superior Court · 1936
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