Gorham v. Burkley
Supreme Court of Connecticut
Birr for a foreclosure; brought to the Superior Court in Fairfield County. The defendant pleaded a set-off, which the court disallowed on the ground that it was barred by the statute of limitations. The defendant filed a motion in error. The point decided by the court will be sufficiently understood without a statement of the facts.
1Opinion of the CourtPark, C. J.
It is unnecessary to consider the question of res adjudicaba raised in this ease with regard to the sum of 1409.56 which the defendant seeks to set off against the plaintiff’s claim, for if there has been no adjudication as to. this amount, still we think the court below committed no error in applying the statute of limitations to it.
It appears in the case that in May, 1856, the plaintiff and defendant dissolved a partnership which had existed between them for a considerable time, and on the dissolution *92the plaintiff purchased all the defendant’s interest in the partnership property for the'…
2Cases cited5 opinions
- Wilmerding v. RussSupreme Court of Connecticut · 1865
- Hart's Appeal from ProbateSupreme Court of Connecticut · 1865
- Berrigan v. PearsallSupreme Court of Connecticut · 1878
- Terill v. BeecherSupreme Court of Connecticut · 1832
- Budington v. MunsonSupreme Court of Connecticut · 1866
3Cited by3 opinions
- Olmstead v. ScuttSupreme Court of Connecticut · 1887
- In re OliverDistrict Court, W.D. Missouri · 1901
- Solomon v. RosolConnecticut Superior Court · 1941