Atkins v. Churchill
Supreme Court of Connecticut
This was an action of book debt, brought by Avery Atkins, against John Churchill and Henry A. Seymour, partners, under the firm of Churchill & Seymour. The defendants pleaded a set-off, alleging, that the plaintiff, before the commencement of this suit, was, and still is, indebted to Churchill, one of the defendants, by a judgment of the county court of Hartford county, which he.
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This was an action of book debt, brought by Avery Atkins, against John Churchill and Henry A. Seymour, partners, under the firm of Churchill & Seymour. The defendants pleaded a set-off, alleging, that the plaintiff, before the commencement of this suit, was, and still is, indebted to Churchill, one of the defendants, by a judgment of the county court of Hartford county, which he. Churchill, and Eliza Ann, his wife, recovered against the plaintiff and Alden A. Atkins, for the sum of 56 dollars, 22 cents, damages, and 11 dollars, 31 cents, costs of suit; on which execution was duly issued ;…
1Opinion of the CourtHinman, J.
This is an action of book debt, in favour of a single plaintiff against two defendants. Churchill, one of the defendants, pleads, and claims as a set-off against the debt, a judgment recovered by him and his wife against the plaintiff and one Alden A. Atkins, a stranger to the suit. We think this claim cannot be allowed ; consequently, the plaintiff is entitled to judgment, on the ground of the insufficiency of the plea.
Set-offs, with us, are regulated by statute ; and, previous to 1843, they were allowed, only in case the debts were mutual. Francis v. Rand, 7 Conn. R. 221. Pitkin v. Pitkin,…
2Cited by2 opinions
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