Legal Opinion

Olmstead v. Scutt

Supreme Court of Connecticut

Decided April 13, 1887PublishedCited by 7 opinions

Action to recover a balance due on account; brought to the Superior Court in New Haven County. The defendant pleaded a set-off, which the court (Torrance, J".,) allowed, and rendered judgment for the plaintiff for the balance of his claim after deducting the counter-claim. The plaintiff appealed. The case is fully stated in the opinion.

1Opinion of the CourtLoomis, J.

The complaint in this case was brought to recover a balance due on account. A committee to • whom the matter was referred fpund there was due from the defendant to the plaintiff the sum of $681.47, over and above all legal offsets, subject however to whatever legal right the defendant might have to set off a claim, amounting to $531.83, which William Cothren had against the plaintiff, and which he, before the commencement of this suit, assigned to the defendant by writing as follows:

“ Woodbury, February 21, 1882.
“ For value received, I hereby sell and assign to Levi Scutt, of Southbury, the…

2Cases cited5 opinions

  1. Straus v. Eagle InsuranceOhio Supreme Court · 1855
  2. Claflin v. DawsonIndiana Supreme Court · 1877
  3. Bixby v. ParsonsSupreme Court of Connecticut · 1882
  4. Gorham v. BurkleySupreme Court of Connecticut · 1881
  5. Fitch v. GatesSupreme Court of Connecticut · 1872

3Cited by7 opinions

  1. State Ex Rel. Freebourn v. Merchants' Credit Service, Inc.Montana Supreme Court · 1937
  2. Pease v. CornellSupreme Court of Connecticut · 1911
  3. Ryder v. EllisMassachusetts Supreme Judicial Court · 1922
  4. Gaffney v. TammanySupreme Court of Connecticut · 1900
  5. Kinney v. United StatesU.S. Circuit Court for the District of Connecticut · 1894

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