Waterman v. Curtis
Supreme Court of Connecticut
Debt on a judgment of the city court of the city of Hartford, against Joseph S. Curtis, Ralph Callender and John C. Pratt.
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Debt on a judgment of the city court of the city of Hartford, against Joseph S. Curtis, Ralph Callender and John C. Pratt. The judgment was rendered in the month of May, 1856. The defendant Curtis, and one Frederick Curtis, with whom he had been in partnership, had made a general assignment for the benefit of their creditors in January, 1856, the assignment conveying their joint and separate property; and on the 22d day of March, 1858, the assignors had obtained from the court of probate, under the act of 1855, then in force, a discharge of each and both of them from all claims founded on…
1Opinion of the CourtHinman, C. J.
The arguments of counsel in this case have taken a much wider range than we think is called for by the necessities of the case as it stands before us. There is no rule of pleading better established than that the plea must not be too narrow ; that is, it must answer the whole declaration or plea to which it professes to be an answer; and where a defect of this sort is in the ground of the defense itself, and not in the form of stating it, it is of course apparent that the party thus pleading has no defense that could be aided by a re-pleader, and judgment will therefore be at once given for…
2Cited by4 opinions
- Murphy v. ManningMassachusetts Supreme Judicial Court · 1883
- Percy v. FooteSupreme Court of Connecticut · 1869
- Foote v. PercySupreme Court of Connecticut · 1873
- Freeman Appeal from Doings of CommissionersSupreme Court of Connecticut · 1899