Seymour v. Harvey
Supreme Court of Connecticut
IN ERROR. This was an action brought by Ozias Seymour, sheriff of the county of Litchfield, and keeper of the gaol, against Wayeham Harvey and two other persons, for the escape of Harvey from the liberties of the prison.
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IN ERROR. This was an action brought by Ozias Seymour, sheriff of the county of Litchfield, and keeper of the gaol, against Wayeham Harvey and two other persons, for the escape of Harvey from the liberties of the prison. The declaration consisted of two counts; the first of which was upon a bond, alleged to have been executed by the defendants, under their hands and seals, in the second count, the plaintiff, after averring his official character, stated, That, on the 1st of June, 1825, said Harvey was legally confined within the gaol of Litchfield county, being held in custody, by virtue of…
1Opinion of the CourtDaggett, J.
The first question presented in this case, is; whether the writing declared on in the first count of the declaration, is a bond. It is an instrument in writing not under seal; and therefore, by the common law, not a specialty. A sealed instrument precludes a/i inquiry into the consideration; the consideration is emphatically said to be locked up. A specialty evinces a consideration. This constitutes the essential distinction between instruments under seal, and those not under seal. The latter are parol contracts; and the consideration of them, while they remain in the hand of the original…
2Cases cited2 opinions
- Inhabitants of Montville v. HaughtonSupreme Court of Connecticut · 1829
- Freeman v. DavisMassachusetts Supreme Judicial Court · 1810
3Cited by8 opinions
- Drinkall v. SpiegelSupreme Court of Connecticut · 1896
- Barnum v. BarnumSupreme Court of Connecticut · 1832
- Bolton v. CummingsSupreme Court of Connecticut · 1856
- Servis v. MarshU.S. Circuit Court for the Northern District of Illnois · 1889
- Geddes v. SibleySupreme Court of Connecticut · 1932
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