Thomas v. Benson

This is an action to recover a commission for procuring customers who took certain real estate in West-field in exchange for real estate in the State of Connecticut. The answer was a general denial. The jury found for the plaintiff.

*556The evidence presented a disputed question of fact — whether the commission claimed was due the plaintiff or a partnership of which the plaintiff was a member. The plaintiff contended that the nonjoinder of a plaintiff could be raised only by plea in abatement. The defendant excepted to the part of the charge in which the jury were instructed that that defence…