DocketNumber: No. CV93 0524581
Citation Numbers: 1995 Conn. Super. Ct. 11552
Judges: FREED, J.
Filed Date: 10/3/1995
Status: Non-Precedential
Modified Date: 7/5/2016
Where the parties disagree is that the plaintiffs claim it is an unconditional agreement to pay them the $16,000. The defendant claims it is merely a substitute for the attachment to the extent of $16,000. Since the attachment was dissolved by court order, the defendant claims the bond need not be honored because the obligation on it was extinguished.
The court finds that the plaintiffs have not sustained their burden of proof by a fair preponderance of the evidence both from the testimony submitted and the exhibits placed into evidence. Specifically, both exhibits 3 and 4, the subordination agreement and the bond, clearly indicate that the bond was a statutory bond (General Statutes §
Since the attachment was dissolved, the obligation on the bond is extinguished. Republic Rubber Company v. Foster,
Judgment may enter for the defendant.
Freed, J.