Norwich Printing Co. v. Kloppenberg
Supreme Court of Connecticut
Action on a bond o'f recognizance, on which Henry C. Kloppenberg, one of the defendants, was principal and John M. Thayer, the other defendant, was surety. The suit was brought originally before a justice of the peace; the defendants pleaded in abatement, which plea the justice overruled and ordered the defendants to answer over.
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Action on a bond o'f recognizance, on which Henry C. Kloppenberg, one of the defendants, was principal and John M. Thayer, the other defendant, was surety. The suit was brought originally before a justice of the peace; the defendants pleaded in abatement, which plea the justice overruled and ordered the defendants to answer over. From this judgment Thayer appealed to the Court of Common Pleas, and Kloppenberg not appealing nor answering over, judgment was rendered against him. The following facts were found by the Court of Common Pleas, ('Mather, J.) On the first day of February, 1879, the…
1Opinion of the CourtCarpenter, J.
It will relieve this case of some confusion and a possible misunderstanding of the real point in dispute if we bear in mind the distinction between this suit against Thayer and the former suit against Kloppenberg which is now ended in a judgment. The present suit is now prosecuted against Thayer alone; and against the demand now made on him he seeks to set off a claim which he has against the plaintiff. He claims no set-off or other defence in respect to the judgment against Kloppenberg. Nor will his claim, if allowed, affect that judgment or the assignment of it to Jennings, the plaintiff’s…
2Cases cited2 opinions
- Benjamin v. BenjaminSupreme Court of Connecticut · 1845
- Rumrill v. HuntingtonSupreme Court of Connecticut · 1811
3Cited by1 opinion
- Hubley Manufacturing & Supply Co. v. IvesSupreme Court of Connecticut · 1908