Whitaker v. Williams
Supreme Court of Connecticut
This was scire-facias in a process of foreign attachment, demanding of the present defendant the amount of a judgment of the county court, rendered in that process, in the plaintiff's favour against George W. Clark. The defendant pleaded, that he was not the debtor of Clark; on which issue was joined.
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This was scire-facias in a process of foreign attachment, demanding of the present defendant the amount of a judgment of the county court, rendered in that process, in the plaintiff's favour against George W. Clark. The defendant pleaded, that he was not the debtor of Clark; on which issue was joined. On this issue, the cause was tried, at Norwich, March term, 1849. The indebtedness which the plaintiff claimed as due from the defendant to Clark, consisted of a judgment of the superior court, rendered at its term in March, 1848, in a suit brought in the name of Clark against the defendant, for…
1Opinion of the CourtStorrs, J.
The question presented in this case, is, whether the plaintiff, as against Gavit and his associates, is equitably entitled to the money due on the judgment recovered in favour of Clark against the defendant.
This court decided, in Whitaker v. Gavit & al. 18 Conn. R. 522. that, as the claim for which that judgment was rendered, was not in any manner described in the assignment made by Clark to Chappel, then in question, (which is the same assignment mentioned in the record in evidence in this suit,) although it was intended and agreed by Clark, that it should be included therein and conveyed to…
2Cases cited1 opinion
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
3Cited by18 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Anfenson v. BanksSupreme Court of Iowa · 1917
- Basak v. DamutzSupreme Court of Connecticut · 1926
- Davis v. BowmarMississippi Supreme Court · 1878
- Combs v. CooperSupreme Court of Minnesota · 1861
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