Henry v. Butler
Supreme Court of Connecticut
Coven ¿NT, to recover a stipulated sxxm of money. Plea of set-off. The debt offered to be set off was by a note of the plaintiff to the defendant, given before the commencement of the suit, bxxt not due at the time the suit was brought, though due at the time of trial. The plaintiff objected to'the set-off because the debt was not due when the suit was brought. Case reserved by the superior, court for advice.
1Opinion of the CourtMcCurdy, J.
In trials according to the course of the common law the defexxse is-usually coxxfined to acts and facts immediately connected with the subject matter of the plaintiff’s demand. A distinct cause of action ixx favor of the *141defendant requires a separate suit in his own name. The propriety of this practice is obvious. It tends to prevent surprise to. the plaintiff and to avoid the confusion and embarrassment of trying at the same time, and before the same jury, different issues, depending upon different pleadings and evidence and legal principles, and pei’haps requiring separate verdicts. Yet it…
2Cases cited2 opinions
- Palmer v. GreenSupreme Court of Connecticut · 1825
- Finch v. IvesSupreme Court of Connecticut · 1859
3Cited by6 opinions
- Sullivan v. Merchants National BankSupreme Court of Connecticut · 1928
- Beams v. YoungSupreme Court of Oklahoma · 1923
- Bridgeport-City Trust Co. v. Niles-Bement-Pond Co.Supreme Court of Connecticut · 1941
- Tucker v. JewettSupreme Court of Connecticut · 1865
- Parsons v. RootSupreme Court of Connecticut · 1874
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