Markel v. Difrancesco
Supreme Court of Connecticut
Action upon the so-called common counts, brought to the City Court of New Haven where a substituted complaint was filed, which the court refused to strike from the files upon motion of the defendants, and the cause was afterward tried to the jury before Hoyt, J.; verdict and judgment for the plaintiff for $278, and appeal by the defendants. This action was originally commenced against Natale DiFranceseo and wife upon the form of a complaint denominated “the common counts.”
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Action upon the so-called common counts, brought to the City Court of New Haven where a substituted complaint was filed, which the court refused to strike from the files upon motion of the defendants, and the cause was afterward tried to the jury before Hoyt, J.; verdict and judgment for the plaintiff for $278, and appeal by the defendants. This action was originally commenced against Natale DiFranceseo and wife upon the form of a complaint denominated “the common counts.” A substituted complaint was afterward filed setting forth the alleged liability of the defendants, based on a negotiable…
1Opinion of the CourtRoraback, J.
The denial of the defendants’ motion to strike the substituted complaint from the files, furnishes no ground for an appeal. The original action was based upon the common counts, so-called. The first paragraph of the substituted complaint alleges that the defendants were indebted to the plaintiff in the sum of $200 for “plumbing, tinning and heating” done for them by the plaintiff. The second paragraph of the substitute sets up a claim upon a joint and several note wherein the defendants promised to pay the plaintiff $200 three months after date, with interest, for value received.
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2Cases cited4 opinions
- Marri v. Stamford Street Railroad Co.Supreme Court of Connecticut · 1911
- Atwood v. WeltonSupreme Court of Connecticut · 1889
- Waters v. WhiteSupreme Court of Connecticut · 1902
- Cummings v. GleasonSupreme Court of Connecticut · 1900
3Cited by9 opinions
- DeMilo v. City of West HavenSupreme Court of Connecticut · 1983
- Shakro v. HaddadSupreme Court of Connecticut · 1961
- Iseli Co. v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1989
- Lakitsch v. BrandSupreme Court of Connecticut · 1923
- Myrtilles, Inc. v. JohnsonSupreme Court of Connecticut · 1938
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