Legal Opinion

Pentino v. Pappas

Supreme Court of Connecticut

Decided May 4, 1921PublishedCited by 9 opinions

Action to recover a commission of $300 for procuring a purchaser of the defendants’ business, brought to the City Court of Waterbury and thence, by the plaintiff’s appeal, to the District Court of Waterbury where the plaintiff was nonsuited in a trial to the court, Peasley, J., and from the refusal of the court to set aside such judgment the plaintiff appealed.

1Per curiam

In Cook v. Morris, 66 Conn. 196, 210, 33 Atl. 998, Justice Hameesley pointed out that “involuntary nonsuit . . . was unknown to the common-law practice of this State,” and that the power, of granting such nonsuits was first given by statute in 1852.

Our present statute (General Statutes, § 5793) is substantially in the form of the original statute of 1852. It authorizes the court to grant a nonsuit in every civil action “if in its opinion the plaintiff shall have failed to make out a prima facie case.” The power to grant a nonsuit and the rules governing the court in granting it, are the same…

2Cases cited9 opinions

  1. Plumb v. CurtisSupreme Court of Connecticut · 1895
  2. Cook v. MorrisSupreme Court of Connecticut · 1895
  3. Thames Steamboat Co. v. Housatonic RailroadSupreme Court of Connecticut · 1855
  4. Booth v. HartSupreme Court of Connecticut · 1876
  5. Girard v. Grosvenordale Co.Supreme Court of Connecticut · 1910

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Lukas v. City of New HavenSupreme Court of Connecticut · 1981
  2. Thomas v. City of West HavenSupreme Court of Connecticut · 1999
  3. Falker v. SamperiSupreme Court of Connecticut · 1983
  4. Crowell v. PalmerSupreme Court of Connecticut · 1948
  5. Ace-High Dresses, Inc. v. J. C. Trucking Co., Inc.Supreme Court of Connecticut · 1937

4 more not listed; retrieve them via the Exa API.

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