Potter v. Hiscox
Supreme Court of Connecticut
Debt, on a bond given by the defendants to a judge of probate for the faithful discharge by the defendant Hiscox of his duties as guardian of Dwight Hiscox, a minor. The bond was dated December 6, 1853. The case was tried to the jury in the superior court, before Seymour, J. The defendants having craved oyer of the bond, set out its condition in their plea, and pleaded performance.
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Debt, on a bond given by the defendants to a judge of probate for the faithful discharge by the defendant Hiscox of his duties as guardian of Dwight Hiscox, a minor. The bond was dated December 6, 1853. The case was tried to the jury in the superior court, before Seymour, J. The defendants having craved oyer of the bond, set out its condition in their plea, and pleaded performance. The plaintiff replied, alleging as a breach of the bond the negligence of the guardian in not collecting a certain note of $1,689.65, a part of the property of the ward in the hands of the guardian, and the loss of…
1Opinion of the CourtDutton, J.
This action is brought on a guardian’s bond to recover the amount of a note which had been distributed to a minor, and which he claims was lost through the neglect of the guardian. The principal difficulty in the case arises from the state of the record. The defendants pleaded general performance. The plaintiff in his replication sets out the real *518cause of action, alleging specially the neglect of the guardian in not collecting the note, and that the guardian had never accounted to the court of probate nor to himself for the note, and had never paid over to him the amount of it. The…
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