Dale v. Dean
Supreme Court of Connecticut
This was an action of debt on a bond for the penal sum of 1000 dollars, executed by the defendants, conditioned for the fulfilment, by John Dean, one of the defendants, of an award to be made by certain arbitrators, to whom he and the plaintiff had submitted all differences between them. The condition of the bond and the breaches, and the award, as inducement to the statement of those breaches, are set forth in the declaration.
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This was an action of debt on a bond for the penal sum of 1000 dollars, executed by the defendants, conditioned for the fulfilment, by John Dean, one of the defendants, of an award to be made by certain arbitrators, to whom he and the plaintiff had submitted all differences between them. The condition of the bond and the breaches, and the award, as inducement to the statement of those breaches, are set forth in the declaration. It alleges, that the award directs, that said John Dean should pay all the outstanding debts of the firm of Dean & Dale, without calling on the plaintiff for any part…
1Opinion of the CourtStorrs, J.
The defendants object to the breach, on the ground that it does not show at what time the award directed the said acts to be done by the said John; nor what debts were due from either of said firms; nor that there were any such debts; nor that the plaintiff has been damnified, by rea*583son of the non-payment thereof; nor how he has been so damnified.
With that strong disposition which courts ever feel to sustain, if possible, consistently with established principles of pleading, a declaration, at this late stage of the cause, we find ourselves unable to overcome this objection. There cannot be a…
2Cases cited1 opinion
- People v. RussellNew York Supreme Court · 1830
3Cited by4 opinions
- Houghton & Palmer v. BeckOregon Supreme Court · 1881
- Baer v. Baird Machine Co.Supreme Court of Connecticut · 1911
- Townsend v. JemisonSupreme Court of the United States · 1849
- Abrahams v. JonesAppellate Court of Illinois · 1886