Boothe v. Armstrong
Supreme Court of Connecticut
Action upon the common counts to recover for money-loaned, brought to the Superior Court in New Haven County and withdrawn by the plaintiff after the defendant had filed defenses by way of set-off; the defendant moved to restore the case to the docket, to which the plaintiff demurred, and the court, Shumway, J., reserved the case for the advice of this court.
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Action upon the common counts to recover for money-loaned, brought to the Superior Court in New Haven County and withdrawn by the plaintiff after the defendant had filed defenses by way of set-off; the defendant moved to restore the case to the docket, to which the plaintiff demurred, and the court, Shumway, J., reserved the case for the advice of this court. The defendant, having been sued on the common counts, filed his answer containing a general denial and two separately numbered defenses entitled, “ By Way of Set-off.” The plaintiff replied and issues were joined by the defendant’s…
1Opinion of the CourtPrentice, J.
The claims set up in the second and third answers are of such a character that, before the adoption of the Practice Act, they would have been subjects for set-offs in the action. The withdrawal of the action would have carried with it the withdrawal of the set-offs. Anderson v. Gregory, 43 Conn. 61, 63. The principal question we have to consider involves the inquiry as to whether or not the Practice Act and rules under it have wrought any change in this regard.
For many years before the adoption of that Act, the right of a defendant, in an action “for the recovery of a debt ” to set-off “…
2Cases cited2 opinions
- Avery v. BrownSupreme Court of Connecticut · 1863
- Anderson v. GregorySupreme Court of Connecticut · 1875
3Cited by16 opinions
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- Hubley Manufacturing & Supply Co. v. IvesSupreme Court of Connecticut · 1908
- Downing v. WilcoxSupreme Court of Connecticut · 1911
- Howard v. LeeteCourt of Appeals for the Sixth Circuit · 1919
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