Legal Opinion

Pratt's Appeal from Probate

Supreme Court of Connecticut

Decided April 15, 1874PublishedCited by 5 opinions

Appeal by the administrator of the estate of G-ustavus Pratt from the report of commissioners on the estate allowing a claim of the town oi Essex against the estate; taken to the Superior court in Middlesex County. The court found the following facts:— Gustavus Wo Pratt, a son of the deceased Gustavus, was duly appointed collector of taxes for the town of Essex, for the years 1865, 1866,1867 and 1868, respectively.

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Appeal by the administrator of the estate of G-ustavus Pratt from the report of commissioners on the estate allowing a claim of the town oi Essex against the estate; taken to the Superior court in Middlesex County. The court found the following facts:— Gustavus Wo Pratt, a son of the deceased Gustavus, was duly appointed collector of taxes for the town of Essex, for the years 1865, 1866,1867 and 1868, respectively. For each of the first three years he gave bond as collector, signed by himself as principal and the said Gustavus as surety. For the year 1868, he signed a like bond, and left the…

1Opinion of the CourtPardee, J.

Prom the facts detailed we cannot say that Gustavus Pratt authorized his son to make any contract for him or in his name with the selectmen of Essex in 1868 ; the son merely said that at a subsequent time his father would make one for himself.

In Packer v. Benton, 35 Conn., 343, this court said that an undertaking by a person not before liable, for the purpose of securing or performing the same duty for which the party for whom the undertaking is made continues liable, is within the statute of frauds and must be in writing. The' oral statement of Gustavus Pratt to the town meeting comes within…

2Cases cited1 opinion

  1. Packer v. BentonSupreme Court of Connecticut · 1868

3Cited by5 opinions

  1. State v. GriswoldSupreme Court of Connecticut · 1900
  2. Dillaby v. WilcoxSupreme Court of Connecticut · 1891
  3. Town of Enfield v. HamiltonSupreme Court of Connecticut · 1930
  4. City of Waterbury v. LawlorSupreme Court of Connecticut · 1883
  5. Town of Enfield v. HamiltonSupreme Court of Connecticut · 1930

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