Olmsted v. Olmsted
Supreme Court of Connecticut
Bill in equity by a guardian and ber wards against the respondent, as executrix of Denison Olmsted, to compel her to pay damages for the breach of a bond executed by Denison Olmsted, as surety for Lucius D. Olmsted, then guardian of the present wards of the petitioner; brought to the Superior Court in New Haven county.
Read the full summary
Bill in equity by a guardian and ber wards against the respondent, as executrix of Denison Olmsted, to compel her to pay damages for the breach of a bond executed by Denison Olmsted, as surety for Lucius D. Olmsted, then guardian of the present wards of the petitioner; brought to the Superior Court in New Haven county. A demurrer to the bill was filed, which having been overruled, the respondent filed an answer, on which issue was joined, and the court thereupon found the following facts: On the 28th of December, 1858, the court of probate for the district of New Haven, appointed Lucius D.…
1Opinion of the CourtButler, C. J.
The facts necessary to entitle the petitioners to a decree are found in this case, and such decree is to be advised unless one or the other of the two defences urged is sufficient to bar their right.
The first objection is that the bond was a joint bond; that the deceased Denison Olmsted was a mere surety; that at his death his estate was discharged at law, and that it cannot now be charged in equity. The bond is unquestionably joint; and it is true, as a general rule, that the estate of a deceased obligor of such a bond cannot be reached at law or in equity. But to this rule there are…
2Cases cited11 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Miller v. StewartSupreme Court of the United States · 1824
- In re LybargerWashington Supreme Court · 1891
- United States v. PriceSupreme Court of the United States · 1850
- Wilmerding v. RussSupreme Court of Connecticut · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dunham v. DunhamSupreme Court of Connecticut · 1922
- Carney v. HennesseySupreme Court of Connecticut · 1901
- Town of Enfield v. HamiltonSupreme Court of Connecticut · 1930
- Henkleman v. PetersonIllinois Supreme Court · 1895
- Gloucester City v. EschbachSupreme Court of New Jersey · 1891
5 more not listed; retrieve them via the Exa API.