Olmstead v. Bailey
Supreme Court of Connecticut
Debt on a probate bond, executed by the defendant as executor of the will of Aaron Turner ; brought to the Superior Court and tried on the general issue with notice closed to the court, before Minor, J. The suit was brought for the benefit of Thomas W. Bussing, a creditor of the estate of Turner.
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Debt on a probate bond, executed by the defendant as executor of the will of Aaron Turner ; brought to the Superior Court and tried on the general issue with notice closed to the court, before Minor, J. The suit was brought for the benefit of Thomas W. Bussing, a creditor of the estate of Turner. The bond was executed by the defendant and two other persons as executors of Turner and by two sureties, in the penal sum of $40,000, and contained the following clause: “ To which payment well and truly to he made, we, the said obligors, do bind ourselves and each of us, our heirs, executors and…
1Opinion of the CourtHinman, C. J.
This is an action on an executor’s bond to the judge of probate, and as there were three executors, who, with two sureties, joined in the execution of the bond, and as the suit is against one only of the executors, the defendant on the trial objected to the admission of the bond in evidence, for the reason that the declaration counts upon it as a several bond, without taking any notice of the other parties who executed it. We have no doubt that the Superior Court correctly overruled this objection. The bond was both joint and several, and it is very common to bring suits against one of…
2Cases cited2 opinions
- Taylor v. MygattSupreme Court of Connecticut · 1857
- Weed v. GrantSupreme Court of Connecticut · 1861
3Cited by2 opinions
- Bailey v. BussingSupreme Court of Connecticut · 1870
- State Ex Rel. Raskin v. SchachatSupreme Court of Connecticut · 1935