Gallup v. Thomas B. Jeffery Co.
Supreme Court of Connecticut
Action on the so-called common counts, brought to the Court of Common Pleas in New London County, where the plaintiff, after a judgment by default had been set aside, moved to amend by filing a substitute complaint, which the trial court, Waller, J., denied, and subsequently rendered judgment for the defendants, from which the plaintiff appealed.
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Action on the so-called common counts, brought to the Court of Common Pleas in New London County, where the plaintiff, after a judgment by default had been set aside, moved to amend by filing a substitute complaint, which the trial court, Waller, J., denied, and subsequently rendered judgment for the defendants, from which the plaintiff appealed. The plaintiff brought his action upon the so-called common counts against two defendants, both corporations: one was that named in the title of the cause, and the other the American Bonding Company. Service was obtained upon the latter only. There…
1Opinion of the CourtPrentice, J.
The only right of action which the plaintiff claimed to have against either of the defendants was one for which recovery could not be had under the so-called common counts. It was one arising from the breach of a penal bond with condition. The only obligation which the defendants assumed in executing that instrument was a conditional one, and not such an one as permitted the use of the common counts in an action for its breach. Goodrich v. Stanton, 71 Conn. 418, 424, 42 Atl. 74. This fact plaintiff’s counsel apparently recognized when, before a default was taken, a substitute complaint was…
2Cases cited5 opinions
- Dunnett v. ThorntonSupreme Court of Connecticut · 1900
- Goodrich v. StantonSupreme Court of Connecticut · 1899
- Shepard v. New Haven & Northampton Co.Supreme Court of Connecticut · 1877
- Goodrich v. AlfredSupreme Court of Connecticut · 1899
- Kelsey v. PunderfordSupreme Court of Connecticut · 1903
3Cited by8 opinions
- Lakitsch v. BrandSupreme Court of Connecticut · 1923
- Trichilo v. TrichiloSupreme Court of Connecticut · 1983
- Went v. SchmidtSupreme Court of Connecticut · 1933
- Galvin v. BirchSupreme Court of Connecticut · 1922
- Gila Valley Electric, Gas & Water Co. v. Arizona Trust & Savings BankArizona Supreme Court · 1923
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