Legal Opinion

Republic Rubber Co. v. Foster

Supreme Court of Connecticut

Decided December 5, 1920PublishedCited by 8 opinions

Action against the surety upon a bond given to release an attachment, brought to and tried by the Court of Common Pleas in New Haven County, Simpson, J., upon a demurrer to the answer; the court sustained the demurrer and afterward rendered judgment for the plaintiff for $795, from which the defendant appealed.

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Action against the surety upon a bond given to release an attachment, brought to and tried by the Court of Common Pleas in New Haven County, Simpson, J., upon a demurrer to the answer; the court sustained the demurrer and afterward rendered judgment for the plaintiff for $795, from which the defendant appealed. In order to obtain a release of an attachment of personal property belonging to the Lindsay Auto Supply Company, that corporation as principal, and the defendant Foster as surety, executed and delivered to the plaintiff an attachment bond in the form prescribed by § 5888 of the General…

1Opinion of the CourtBeach, J.

The disallowance of the proposed amendment to the special defense, on the ground that if allowed it would not validate the defense, is assigned as error, and it presents in this court the question whether the special defense would have been sufficient in law if the amendment had been allowed. Moran v. Bentley, 71 Conn. 623, 42 Atl. 1013; Garfield v. Hartford & Springfield Street Ry. Co., 79 Conn. 458, 461, 65 Atl. 598.

Section 67f of the Bankruptcy Act (9 U. S. Comp. Stats. 1916, § 9651) provides that all attachments against a person who is insolvent, at any time within four months prior to…

2Cases cited4 opinions

  1. Schunack v. Art Metal Novelty Co.Supreme Court of Connecticut · 1911
  2. Perry v. PostSupreme Court of Connecticut · 1877
  3. Moran v. BentleySupreme Court of Connecticut · 1899
  4. Garfield v. Hartford & Springfield Steeet Railway Co.Supreme Court of Connecticut · 1907

3Cited by8 opinions

  1. Safford v. McNeilSupreme Court of Connecticut · 1925
  2. In the Matter of General Steel Tank Company, Inc., Bankrupt. Merritt-Holland Welding Suplies, Inc. v. General Steel Tank Company, Inc.Court of Appeals for the Fourth Circuit · 1973
  3. New York Plumbers Specialty Co. v. WerebitzikSupreme Court of Connecticut · 1926
  4. Nicolai-Neppach Co. v. SmithOregon Supreme Court · 1936
  5. Trenton Trust Co. v. Carlisle Tire CorporationSupreme Court of Connecticut · 1929

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