Sanford v. Clark
Supreme Court of Connecticut
Assumpsit, brought originally before a justice of the peace, and appealed by the defendant to the superior court. The defendant pleaded the general issue, with notice of payment and set-off. The case was tried to the court. The plaintiff’s account was for services in repairing a wagon for the defendant, for which the defendant agreed at the time to pay in cash within a few days.
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Assumpsit, brought originally before a justice of the peace, and appealed by the defendant to the superior court. The defendant pleaded the general issue, with notice of payment and set-off. The case was tried to the court. The plaintiff’s account was for services in repairing a wagon for the defendant, for which the defendant agreed at the time to pay in cash within a few days. The' account accrued in 1857, and amounted to $16.50, upon which the defendant had soon after paid $8 in cash, leaving a balance of $8.50 due. The account was charged in the usual form in the plaintiff’s book. The…
1Opinion of the CourtSanford, J.
The account which the defendant proposed to set-off against the plaintiff’s demand being of more than six years standing, the plaintiff insisted upon the statute of limitations as a bar to such set-off. And in order to remove the bar, the defendant proved that, on the 20th of December, 1852, (less than six years before the plaintiff’s demand accrued, but more than six years before the commencement of this suit,) a settlement was had, and a balance found and agreed to be due from the plaintiff to the defendant on book, which balance was then re-charged to the plaintiff on the defendant’s book;…
2Cited by5 opinions
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