Snelling v. Merritt
Supreme Court of Connecticut
Action against the obligors of a bond given to dissolve an attachment, brought to the Superior Court in Fairfield County where the bond sued upon was reformed (Williams, J.) pursuant to the prayer of the defendants’ cross-complaint, and judgment was afterward rendered in their favor (Shumway, /.), from which the plaintiffs appealed.
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Action against the obligors of a bond given to dissolve an attachment, brought to the Superior Court in Fairfield County where the bond sued upon was reformed (Williams, J.) pursuant to the prayer of the defendants’ cross-complaint, and judgment was afterward rendered in their favor (Shumway, /.), from which the plaintiffs appealed. The bond upon which the action is brought is a joint and several bond for $5,000, signed by William J. Merritt and Lucius R. Merritt as principals and by the other three defendants as sureties. The condition of the bond is: “The condition of this obligation is…
1Opinion of the CourtThayeb, J.
The demurrer to the answer was properly overruled. It was not argued or decided until after the bond, which is made a part of the complaint, had been reformed, although both the answer and the demurrer to it were filed prior to the filing of the cross-complaint. The reformation of the bond related back to the institution of the action and made the bond such as the defendants claimed it to be at the time the answer was filed. This change in the bond obviated the objections raised to the answer. As the pleadings stood prior to the reformation of the bond, the demurrer was sustainable upon…
2Cases cited3 opinions
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Waterman v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1888
- Bishop v. Clay Fire & Marine InsuranceSupreme Court of Connecticut · 1881
3Cited by25 opinions
- Lopinto v. HainesSupreme Court of Connecticut · 1981
- Bender v. BenderSupreme Court of Connecticut · 2009
- Geremia v. BoyarskySupreme Court of Connecticut · 1928
- Back v. Peoples National Fire InsuranceSupreme Court of Connecticut · 1922
- Hoffman v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1939
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