Russell v. Hosmer
Supreme Court of Connecticut
This was an action of debt on bond. The declaration stated, that the defendant, by his certain writing obligatory, signed with his hand, and ready in court to be produced, acknowledged himself bound to the plaintiff in the sum of 1000 dollars, subject to a condition, whereby, after a recital to the following effect, that whereas there was then pending before the superior court in Middlesex county an action of book debt, in the name of Matthew T. Russell, the present…
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This was an action of debt on bond. The declaration stated, that the defendant, by his certain writing obligatory, signed with his hand, and ready in court to be produced, acknowledged himself bound to the plaintiff in the sum of 1000 dollars, subject to a condition, whereby, after a recital to the following effect, that whereas there was then pending before the superior court in Middlesex county an action of book debt, in the name of Matthew T. Russell, the present plaintiff, as assignee of Thompson Phillips, a bankrupt, against N. G. Ingraham and S. Clark, in which action, by writ of…
1Opinion of the CourtBissell, J.
The motion of the administrators to enter, and prosecute this action, is resisted on two grounds. 1. That the right of action does not survive to the administrators of Matthew T. Russell. 2. That admitting it to survive, and that they had a right to enter and prosecute; they have waived it, by their neglect.
1. Does the right of action survive? It is not, nor can it be admitted, that the right of action was in Russell. The writing was given to him; and to him, personally, it was made payable. But it is equally apparent, from the condition of the instrument, that the beneficial interest was in…
2Cited by3 opinions
- Craig v. WagnerSupreme Court of Connecticut · 1914
- Dorsey v. HoneymanSupreme Court of Connecticut · 1954
- Johnson v. New York & New England RailroadSupreme Court of Connecticut · 1888