Plant v. McEwen
Supreme Court of Connecticut
This was an action on a bond, given to the predecessor of the plaintiff in the office of judge of probate, by the defendant, as executor of the last will and testament of Abijah McEwen, deceased, conditioned for the faithful performance of his trust. The plea, after praying oyer of the bond and the condition, set them forth, and averred performance.
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This was an action on a bond, given to the predecessor of the plaintiff in the office of judge of probate, by the defendant, as executor of the last will and testament of Abijah McEwen, deceased, conditioned for the faithful performance of his trust. The plea, after praying oyer of the bond and the condition, set them forth, and averred performance. The replication assigned as a breach, (among other things) "that the said Abijah, in his life time, assigned to William Cairnes and Victory Wetmore, administrators of the estate of Robert Walker, deceased, a certain note from one William Walker to…
1Opinion of the Court
Hosmer, Ch. J.
In this case, the plaintiff offered to prove, in order to shew the authority and agency of the defendant, that he received the note against Isaac Hawley, mentioned in the plaintiff's replication, and agreed to indorse the same on the note of Abijah McEwen against William Walker. To the introduction of this testimony the defendant objected, that his agency, at the time of the act and agreement aforesaid, by authority derived from Abijah McEwen, must first be established; but the objection was overruled, and the testimony admitted, on the ground that the acts and declarations of…
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