Lindsay v. McInerney

The opinion of the court was delivered by

Collins, J.

The declaration recites that the defendant was summoned to answer unto the plaintiff, “assignee of Eugene Murphy, by assignment dated December 1st, 1897,” and then proceeds to set up a supposed cause of action upon a joint and several bond dated December 6th, 1897, given by the defendant and another person to Eugene Murphy; and to assign as breach, the failure of the defendant to pay to the plaintiff the penalty of the bond.

There are several defects in this declaration, but our decision in favor of the demurrant may rest upon its failure…