Rowland v. Isaacs
Supreme Court of Connecticut
This was an action of debt on a probate bond, dated the 12th of December, 1822, against the defendant, the surety of Henry Belden, deceased, who was adminstrator of the estate of Uriah SellecJc, deceased. The defendant, in his plea, set forth the bond and condition, which were in the ordinary form. The time limited in the condition for the exhibition of claims, was six months, and for the settlement of the estate, seven months.
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This was an action of debt on a probate bond, dated the 12th of December, 1822, against the defendant, the surety of Henry Belden, deceased, who was adminstrator of the estate of Uriah SellecJc, deceased. The defendant, in his plea, set forth the bond and condition, which were in the ordinary form. The time limited in the condition for the exhibition of claims, was six months, and for the settlement of the estate, seven months. The plea then averred, that said Henry Belden, administrator of the estate of said Uriah Selleck, caused an inventory of all the goods, credits and estate of said…
1Opinion of the CourtWaite, J.
The only question, arising upon this motion, relates to the amount of damages. The finding of the jury *122conclusively shews, that there has been a breach of the con- - dition of the bond. The recovery of damages then follows as a matter of course.
By the rules of the common law, those damages would be the whole penalty of the bond; and the defendant, to obtain a redaction, would be obliged to resort to a court of chancery. 2 Bla. Com. 341. Our statute provides, that in such case, when the trial is by the jury, they “ shall find and assess such damages as are justly and equitably due.” Stat. 50.…
2Cases cited1 opinion
- Warren v. PowersSupreme Court of Connecticut · 1824
3Cited by10 opinions
- Reiley v. HealeySupreme Court of Connecticut · 1936
- State v. CulhaneSupreme Court of Connecticut · 1906
- Clark v. MixSupreme Court of Connecticut · 1842
- Sanford v. ThorpSupreme Court of Connecticut · 1877
- State Ex Rel. Raskin v. SchachatSupreme Court of Connecticut · 1935
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