¶1To this declaration the defendants demur — And the following exceptions were taken; 1st. That a bondsman is not liable; unless the administrator has committed a devastavit, and in some point been deficient in his duty; and that this ought to appear from the declaration. 2d. The averment is that the defendants have never performed the conditions of said bond; which is a negative pregnant, for the administrator may have performed the conditions; although the defendants have not. Judgment that the declaration is insufficient.
1 Root 88
Fitch v. Lothrop
Decided December 15, 1783
Connecticut Superior Court · decided 1783-12-15
ActioN upon the administration bond, given for said John. In the declaration the penal part and the condition of the bond were set forth, with an averment; that the defendants had never paid said penalty, nor performed the condition of said bond.
Decided 1783-12-15