Percy v. Foote
Supreme Court of Connecticut
Debt on a judgment, to which the defendants pleaded in bar a judgment in their favor in a former action on the same. judgment. Issue was closed to the court and the following facts found.
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Debt on a judgment, to which the defendants pleaded in bar a judgment in their favor in a former action on the same. judgment. Issue was closed to the court and the following facts found. The judgment on which the present suit was brought was regularly rendered by the Superior Court for Litchfield county at its September term, 1856. The defendants, who' were partners under the name of W. & E. Foote, on the 2d day of February, 1856, made a general assignment of their joint and several property, and on the 13th day of February, 1857, they obtained from the court of probate of New Haven, within…
1Opinion of the CourtHinman, C. J.
This is an action of debt on a judgment of the Superior Court. One defense to it was a former judgment for the defendants in an action upon the same judgment rendered in April, 1860. In point of fact that judgment was rendered in an action for fraud under the 370th section of the staürte in relation to civil actions, (Gen. Statutes, page 85,) in which the judgment now in suit, and the debt upon which it was founded, was set up as the matter in respect to which the plaintiffs claimed to have been defrauded. The issue in that case was upon the plea of the general issue with notice *104that the…
2Cases cited3 opinions
- Betts v. StarrSupreme Court of Connecticut · 1825
- Armstrong v. AyresSupreme Court of Connecticut · 1849
- Waterman v. CurtisSupreme Court of Connecticut · 1861
3Cited by5 opinions
- Stone v. United StatesCourt of Appeals for the Ninth Circuit · 1894
- Gayer v. H. W. Parker & SonNebraska Supreme Court · 1888
- Murphy v. ManningMassachusetts Supreme Judicial Court · 1883
- Foote v. PercySupreme Court of Connecticut · 1873
- United States v. CarpenterSuperior Court of Delaware · 1905