Genovese v. J. N. Clapp Co.

This appeal presents the issue of whether a claimant, which did not file its claim for payment against an estate within the time limited by the Probate Court, could interpose the claim by way of recoupment in the estate’s action against it. The trial court held that it could. We agree.

The facts are as follows: The plaintiff’s decedent and the defendant corporation were excavation contractors. Over the nine years preceding the decedent’s death, they called upon each other to help out when either was involved in large jobs requiring additional men and equipment. They each kept separate books…