Allen v. Chase
Supreme Court of Connecticut
Action to recover money alleged to have been paid to the defendant for and on account of the plaintiff’s intestate, brought to the Court of Common Pleas in Fairfield County where a demurrer to the answer was sustained (Curtis, J.), one to the amended or substitute answer was overruled (Pullman, Acting-Judge), and the cause was afterward tried to the jury before Foster, Acting-Judge; verdict and judgment for the plaintiff, and appeal by the defendant.
1Opinion of the CourtThayer, J.
By filing a substituted answer the defendant waived all right to thereafter question the correctness of the ruling sustaining the demurrer to the original answer. Mitchell v. Smith, 74 Conn. 125, 127, 49 Atl. 909; Burke v. Wright, 75 Conn. 641, 643, 55 Atl. 14.
The defendant moved that Sturges Whitlock be cited in as a party defendant, basing the motion, apparently, upon the facts set up in the substituted answer. Those facts did not show that Whitlock's presence as a party was in any way essential to a proper determination of the controversy between the plaintiff and the defendant, or that he…
2Cases cited5 opinions
- Mitchell v. SmithSupreme Court of Connecticut · 1901
- Lowndes v. City National BankSupreme Court of Connecticut · 1907
- Burke v. WrightSupreme Court of Connecticut · 1903
- Carroll v. WeaverSupreme Court of Connecticut · 1894
- State v. WrightSupreme Court of Connecticut · 1883
3Cited by17 opinions
- Rossignol v. Danbury School of Aeronautics, Inc.Supreme Court of Connecticut · 1967
- Ridgeway v. RidgewaySupreme Court of Connecticut · 1980
- Antman v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1933
- Royce v. Town of WestportSupreme Court of Connecticut · 1981
- Rusch v. CoxSupreme Court of Connecticut · 1943
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