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LEIBOWITZ v. HICKS

207 A.2d 371 (1965)

Michael LEIBOWITZ and Samuel J. Lewis, t/a Sonro Co., a partnership, Plaintiffs, v. Benjamin E. HICKS, formerly a Register in Chancery, and Massachusetts Bonding and Insurance Company, a Massachusetts corporation, and William Prickett, Jr., Receiver of Northwest Natural Gas Company in Civil Action No. 1091, Defendants.

Court of Chancery of Delaware, New Castle.

March 3, 1965.

Attorney(s) appearing for the Case

Murray M. Schwartz, of Longobardi & Schwartz, Wilmington, for plaintiffs.

E. Dickinson Griffenberg, Jr., of Killoran & Van Brunt, Wilmington, for defendants Benjamin E. Hicks and Massachusetts Bonding and Ins. Co.

SHORT, Vice Chancellor.

This is an action on the statutory bond of a former Register in Chancery for New Castle County, Delaware. Defendant Hicks and Massachusetts Bonding and Insurance Company have moved to dismiss on the ground that the action is barred by limitations. This is the decision on that motion.

The complaint, filed December 30, 1963, alleges the following facts: Hicks was Register in Chancery for New Castle County from January 1, 1957 to December...

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