Hawthorne Sash & Door Co. v. City of New London
Supreme Court of Connecticut
Action of scire facias against a gamish.ee, brought to and tried by the Superior Court in New London County, Jennings, facts found and judgment rendered for the defendant, and appeal by the plaintiff.
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Action of scire facias against a gamish.ee, brought to and tried by the Superior Court in New London County, Jennings, facts found and judgment rendered for the defendant, and appeal by the plaintiff. The complaint, in the nature of a writ of scire facias, recites that the plaintiff brought an action, in the Superior Court in New London County, against Thomas C. West, of the town of Waterford, and the Thomas C. West Company, a Connecticut corporation located in Waterford, claiming $2,022.64 damages, by writ of summons and garnishment, duly served on the City of New London, as garnishee, dated…
1Opinion of the CourtBeach, J.
Plaintiff claims that the prior garnishment by Klitgaard was wholly ineffectual, because the contract out of which the indebtedness in question arose was made with Thomas C. West as an individual, and that Klitgaard, who sued “The Thomas C. West Company, Incorporated,” brought his action against the wrong defendant and against a nonexistent corporation.
We think these claims are not supported by the facts found.
The contract for the erection of the fire house was signed, “Thomas C. West Co., by Thomas C. West, contractor,” and the finding, as corrected, is that at the date of the service of the…
2Cases cited3 opinions
- Harris v. BalkSupreme Court of the United States · 1905
- Scholfield Gear & Pulley Co. v. ScholfieldSupreme Court of Connecticut · 1898
- Chieppo v. ChieppoSupreme Court of Connecticut · 1914
3Cited by3 opinions
- World Fire & Marine Insurance v. Alliance Sandblasting Co.Supreme Court of Connecticut · 1927
- Parker, Peebles & Knox v. El SaiehSupreme Court of Connecticut · 1928
- Century Indemnity Co. v. KofskySupreme Court of Connecticut · 1932