New-Haven Bank v. Miles
Supreme Court of Connecticut
This was an action of debt on a bail bond for 1000 dollars; the condition of which was—“That whereas Frederick Pearl was attached, at the suit of The President, Directors and Company of the New-Haven Bank, in the sum of 1000 dollars, by writ dated the 10th of December, 1822, to appear before the county court to be holden at New-Haven, on the third Tuesday of March, 1823; now, if the said Frederick Pearl shall appear before said court according to said attachment, the above…
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This was an action of debt on a bail bond for 1000 dollars; the condition of which was—“That whereas Frederick Pearl was attached, at the suit of The President, Directors and Company of the New-Haven Bank, in the sum of 1000 dollars, by writ dated the 10th of December, 1822, to appear before the county court to be holden at New-Haven, on the third Tuesday of March, 1823; now, if the said Frederick Pearl shall appear before said court according to said attachment, the above obligation shall be void.” The declaration in the suit against Pearl, was for fraudulently offering for discount and…
1Opinion of the CourtPeters, J.
The defendant, Miles, contends, 1. that the amendments made in the suit againtst Pearl, exonerated the bail; or 2. that the plaintiffs can recover no more damages than they originally demanded.
1. The amendment of this declaration was matter of right, not dependent, like other amendments, on the discretion of the court. This right is given by statute. “The plaintiff may amend any defect, mistake or informality in the writ or declaration, without costs, within the three first days of the term of the court, to which it is returnable; provided such amendment shall not change the form or the…
2Cases cited1 opinion
- Parsons v. ElySupreme Court of Connecticut · 1818
3Cited by5 opinions
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