Legal Opinion

Clark v. Clark

Supreme Court of Connecticut

Decided January 15, 1879PublishedCited by 3 opinions

Assumpsit, on a promissory note and for money had and received; brought to the Superior Court in Hartford County. The defendant pleaded the general issue, with notice of a set-off of an account for services and expenses and for money paid. The facts were found by a committee, and on the facts judgment rendered for the plaintiff, (Hovey, J.) Motions in error by both parties. The case is sufficiently stated in the opinion.

1Opinion of the CourtLoomis, J.

The questions in controversy have sole reference to the account which the defendant presented to the court as a set-off against the plaintiff’s claim. The facts in regard to this matter were found in detail by the committee, and the question whether the account, in whole or in part, ought to be allowed was submitted to the court. The decisions of the court on this finding, in allowing or rejecting certain portions of the account, constitute the grievances which both parties seek to remedy by motions in error.

The account consists of gross yearly charges for services without specific dates,…

2Cases cited5 opinions

  1. Selleck v. FrenchSupreme Court of Connecticut · 1814
  2. Crosby v. MasonSupreme Court of Connecticut · 1865
  3. Cooper & Co. v. Coates & Co.Supreme Court of the United States · 1874
  4. Gammell v. SkinnerU.S. Circuit Court for the District of Massachusetts · 1814
  5. Doyle's adm'rs v. St. James' ChurchNew York Supreme Court · 1831

3Cited by3 opinions

  1. Clare v. FreedmanSupreme Court of Connecticut · 1934
  2. Alvarado v. GiedraitisConnecticut Superior Court · 1976
  3. Alvarado v. GiedraitisConnecticut Superior Court · 1976

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