Pondville Co. v. Clark
Supreme Court of Connecticut
This was an action upon a promissory note, brought by the Pondville company, a joint stock corporation duly organized under the statute laws of this state, against Sylvester W. Clark. Said note was dated November 3d, 1853, and was for the sum of ninety-seven dollars and twenty-three cents, payable on demand with interest. The defendant pleaded the general issue, with notice of special matter to be given in evidence.
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This was an action upon a promissory note, brought by the Pondville company, a joint stock corporation duly organized under the statute laws of this state, against Sylvester W. Clark. Said note was dated November 3d, 1853, and was for the sum of ninety-seven dollars and twenty-three cents, payable on demand with interest. The defendant pleaded the general issue, with notice of special matter to be given in evidence. The cause was tried at the term of the superior court for the county of Middlesex, holden in November, 1855, when the following facts were found by the court. The plaintiffs…
1Opinion of the CourtStorrs, J.
If one or more natural persons were the plaintiffs in this case, there is no doubt that, under our statute of set-off, (Rev. Stat., 81,) the defendant would be entitled to the set-off which he claims. The mere insolvency of the plaintiffs, using that term in its ordinary sense, to denote generally an inability to pay their debts, would not prevent them from paying the debt due to the defendant, in prefer-ence to any other of their debts, or of applying it towards the payment of the plaintiffs’ claim, or of making any other arrangement for the liquidation of their indebtedness which they…
2Cited by8 opinions
- Barber v. International Co. of MexicoSupreme Court of Connecticut · 1901
- Gottlieb v. MillerIllinois Supreme Court · 1894
- Slack v. Northwestern National Bank of SuperiorWisconsin Supreme Court · 1899
- Lamb v. LaughlinWest Virginia Supreme Court · 1884
- Lippincott v. Shaw Carriage Co.U.S. Circuit Court for the District of Indiana · 1885
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