Finch v. Ives
Supreme Court of Connecticut
Assumpsit, brought originally before a justice of the peace, and appealed by the defendant to the superior court. The *suit was brought in 1854. The defendant, in the [ *116 ] superior court, pleaded the general issue, with notice that he should set off against the claim of the plaintiff “ a certain debt, or so much thereof, as might be necessary,” amounting to $39.32, with interest thereon, which was due to him from the plaintiff, by a judgment from costs rendered in his,…
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Assumpsit, brought originally before a justice of the peace, and appealed by the defendant to the superior court. The *suit was brought in 1854. The defendant, in the [ *116 ] superior court, pleaded the general issue, with notice that he should set off against the claim of the plaintiff “ a certain debt, or so much thereof, as might be necessary,” amounting to $39.32, with interest thereon, which was due to him from the plaintiff, by a judgment from costs rendered in his, the defendant’s, favor, against the plaintiff, at the October term of the superior court for New Haven county, in the…
1Opinion of the Court
[ *120 ]
*Ellswokth, J.
We all think there is error in the judgment of the court below, though we are not entirely agreed as to the duty of the court to reverse the judgment upon the errors assigned. Several grounds for reversal have been claimed by counsel, but we have occasion to consider, only a part of them.
The defendant gave notice that he should, if necessary, set off against the claim of the plaintiff, a judgment for $39.32, in his favor, recovered in the superior court, at its October term, 1852. He made no claim in his notice for a balance due him above the plaintiff’s claim, and gave no…
2Cases cited1 opinion
- Jefferson County Bank v. ChapmanNew York Supreme Court · 1822
3Cited by2 opinions
- Henry v. ButlerSupreme Court of Connecticut · 1864
- Parsons v. RootSupreme Court of Connecticut · 1874