Bixby v. Parsons
Supreme Court of Connecticut
Civil action to recover for work done as a laborer; brought, by appeal from a justice of the peace, to the District Court of Litchfield County.
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Civil action to recover for work done as a laborer; brought, by appeal from a justice of the peace, to the District Court of Litchfield County. The declaration alleged that the defendant, on the 23d of January, 1880, was indebted to one George H. Bixby for work performed by him of the agreed value of forty-four dollars and fifty cents, (the bill of particulars stating that it was a balance due for work up t.o that date at 112.50 per month,) that on the 14th of July, 1880, the said George H. Bixby by a writing assigned the debt to the plaintiff, and that the latter was now the actual bond fide…
1Opinion of the CourtPark, C. J.
"We think the court erred in sustaining the plaintiff’s demurrer to the answer of the defendant.
The action is brought in the name of the assignee of the claim, and in order to maintain the suit he must show that he is the actual bond fide owner of it. Gen. Statutes, p. 417, sec. 6. How can this be true and at the same time'the allegations of the defendant’s answer be true? We are to assume these allegations to be true, for the plaintiff admits them by his demurrer. It appears by them and the plaintiff’s bill of particulars, that during the time of his service with the defendant, George H.…
2Cases cited3 opinions
- Libhart v. WoodSupreme Court of Pennsylvania · 1841
- Satchwell v. WilliamsSupreme Court of Connecticut · 1873
- Singer v. M'CormickSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
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