Dorus v. Lyon
Supreme Court of Connecticut
Action to recover an alleged balance of a book account for groceries and other merchandise, brought to and tried by the Court of Common Pleas in Fairfield County, Wilder, Acting-Judge; facts found and judgment rendered for the defendant, and appeal by the plaintiff.
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Action to recover an alleged balance of a book account for groceries and other merchandise, brought to and tried by the Court of Common Pleas in Fairfield County, Wilder, Acting-Judge; facts found and judgment rendered for the defendant, and appeal by the plaintiff. The plaintiff's cause of action accrued March 9th, 1892, against Charles G. Lyon, then of Bridgeport, and this action was not brought against his executrix until December, 1915. To a plea of the statute of limitations, the plaintiff replied that Lyon removed from the State of Connecticut in 1892 and continued to reside out of the…
1Opinion of the CourtBeach, J.
The controlling question is whether Lyon was “without the State,” within the meaning of General Statutes, § 1125, from 1892 to 1906, so that the statute of limitations did not run against the plaintiff’s cause of action during that period. If it did run, the plea was good.
It seems clear that the finding concludes the point against the plaintiff’s contention. The finding is that Lyon was without the State except as therein stated; but the exceptions nullify the affirmation. In Sage v. Hawley, 16 Conn. 106, we held that the proviso as to absence from the State did not refer to temporary…
2Cases cited1 opinion
- Sage v. HawleySupreme Court of Connecticut · 1844
3Cited by26 opinions
- Gerena v. KorbCourt of Appeals for the Second Circuit · 2010
- Smith v. SmithSupreme Court of Connecticut · 1962
- Clegg v. BishopSupreme Court of Connecticut · 1927
- Banana Distributors, Inc. v. United Fruit Company and Fruit Dispatch CompanyCourt of Appeals for the Second Circuit · 1959
- Palmer v. PalmerDistrict Court, D. Connecticut · 1940
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