Michael J. Cozy, Inc. v. Smith

The complaint contained two counts, the first of which alleged that the defendant owed the plaintiff a debt by book to balance book accounts, which debt remained wholly unpaid. Practice Book, Form No. 9. It is a statutory form of action founded on book accounts. Terrill v. Beecher, 9 Conn. 344, 348; Words and Phrases, “Book Debt — Action of.” This was followed by a bill of particulars before the defendant was required to answer; Practice Book § 153; and conformed with the rule set down in Reiley v. Torkomian, 78 Conn. 645, 649. Assumpsit is a concurrent remedy, and consequently there has been…