Pratt v. Brewster
Supreme Court of Connecticut
Writ oe error to reverse a judgment of the Superior Court in Hartford County, (Andrews, JI,) in a civil suit against the plaintiff in error for moneys collected as an attorney and converted to his own use. Upon the original complaint, which charged a fraudulent appropriation of the money, the body of the defendant therein was attached, and at the first term of the court special -hail was given by the defendant.
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Writ oe error to reverse a judgment of the Superior Court in Hartford County, (Andrews, JI,) in a civil suit against the plaintiff in error for moneys collected as an attorney and converted to his own use. Upon the original complaint, which charged a fraudulent appropriation of the money, the body of the defendant therein was attached, and at the first term of the court special -hail was given by the defendant. The defendant demurred to the complaint, and at a later term the plaintiffs amended their complaint by filing the following substituted complaint:— 1. That on or before March 6th,…
1Opinion of the Court
Stoddard, J.*
The plaintiff in error, Pratt, and one Rooney were partners. An action was brought and judgment obtained against Pratt alone. In this writ of error he insists that the judgment against him is erroneous for the reason, as he alleges, that the cause of aetion is in substance and in form ex contractu, and, if in form in tort, yet that it is founded on contract, and that therefore his partner Rooney should have been joined as a co-defendant.
*71The case finds that Pratt and Rooney were partners in a law and collection business in the city of New York, that Pratt was and Rooney was not an…
2Cases cited1 opinion
- Cotton v. SharpsteinWisconsin Supreme Court · 1861
3Cited by2 opinions
- Davis v. HemmingSupreme Court of Connecticut · 1925
- Manufacturers' Casualty Insurance v. MinkSupreme Court of New Jersey · 1943