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1 Kirby 316

Kellogg v. Williams

Connecticut Superior Court

Decided September 15, 1787

Connecticut Superior Court · decided 1787-09-15

This was an action against tbe sheriff of Hartford county, for tbe nonfeasance of one of bis deputies, in not levying and returning several writs of execution, in favor of tbe plaintiff. Tbe case was — That tbe late Mr. Hosmer having large demands against Kellogg, received of him, to collect and apply on account of said demands, certain promissory notes, from which arose three executions, which were tbe foundation of this suit.

Decided 1787-09-15

By the Court.

¶1The casé is — That Mr. Hosmer bad tbe executions, not merely as an attorney, but as an assignee, *317to discount the avails upon his demand against Kellogg; and had, therefore, a property o. interest in the executions, which came to his administrativand validated the settlement with her, as to all persons concerned.

¶2The motion was, therefore, ruled insufficient.

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