Benjamin v. Benjamin
Supreme Court of Connecticut
IN ERROR. This was a bill in chancer}', brought by Samuel Benjamin against Elmir Benjamin, in September 1843, praying for a set-off. At the term of the superior court, holden at Hartford, on the fourth Tuesday of September 1842, Elhur Benjamin, the defendant, recovered judgment, in an action of trespass, against Samuel Benjamin,the plaintiff, for tire sum of 97 dollars, 50 cents, damages, and costs of suit; execution on which was stayed, by order of the court.
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IN ERROR. This was a bill in chancer}', brought by Samuel Benjamin against Elmir Benjamin, in September 1843, praying for a set-off. At the term of the superior court, holden at Hartford, on the fourth Tuesday of September 1842, Elhur Benjamin, the defendant, recovered judgment, in an action of trespass, against Samuel Benjamin,the plaintiff, for tire sum of 97 dollars, 50 cents, damages, and costs of suit; execution on which was stayed, by order of the court. The defendant then was, and still is, indebted to the plaintiff, by a judgment of the superior court rendered at an adjourned term in…
1Opinion of the CourtStorks, J.
The recent cases of Gager v. Watson, 11 Conn. R. 168. and Andrews v. Morse, 12 Conn. R. 444. are decisive against any claim, by either of the defendants, to interfere with the set-off sought in this case, grounded on any supposed lien of Mr. Touccy, as the attorney of the other defendant, on the judgment obtained by the latter against the plaintiff
The defence, therefore, must rest on the question, whether the assignment by the defendant, Benjamin, to said attorney, should prevail against the right to such set-off, to which the plaintiff, but for such assignment, would be clearly entitled.
On…
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- Stafford v. PalidoreDistrict Court, Virgin Islands · 1928
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