Parsons v. Root
Supreme Court of Connecticut
Scire Facias upon a process of foreign attachment; brought to the Court of Common Pleas of Hartford County. The following facts were found by a committee :— The defendant was factorized by the plaintiff as the debtor of French & Nichols, service being made upon him on the 2d day of February, 1872. Judgment was obtained against French & Nichols for 196.22 debt and 146.18 costs.
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Scire Facias upon a process of foreign attachment; brought to the Court of Common Pleas of Hartford County. The following facts were found by a committee :— The defendant was factorized by the plaintiff as the debtor of French & Nichols, service being made upon him on the 2d day of February, 1872. Judgment was obtained against French & Nichols for 196.22 debt and 146.18 costs. An execution was issued, and demand made by a proper officer on the execution upon the present defendant, on the 1st day of. August, 1872, within sixty days after the rendition -of the judgment, but the defendant…
1Opinion of the CourtPark, C. J.
The garnishee’s right of set-off in this case is the same as it would have been if an action had been brought by French & Nichols against him to recover the debt sought to be appropriated by the plaintiff in satisfaction of his claim against them. Fitch v. Waite, 5 Conn., 117; Harris v. Phoenix Ins. Co., 35 Conn., 311. At the date of the garnishment the garnishee had no claim on his contract with French & Nichols that could have been set-off on a suit brought by them against him. Finch v. Ives, 28 Conn., 120 ; Henry v. *167Butler, 32 Conn., 141. There was nothing due at that time, and it was…
2Cases cited4 opinions
- Fitch v. WaiteSupreme Court of Connecticut · 1823
- Henry v. ButlerSupreme Court of Connecticut · 1864
- Spurr v. SnyderSupreme Court of Connecticut · 1868
- Finch v. IvesSupreme Court of Connecticut · 1859
3Cited by2 opinions
- Merwin v. AustinSupreme Court of Connecticut · 1889
- Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc.District Court, D. Connecticut · 1982