49 Conn. 91 | Conn. | 1881
It is unnecessary to consider the question of res adjudicaba raised in this ease with regard to the sum of 1409.56 which the defendant seeks to set off against the plaintiff’s claim, for if there has been no adjudication as to. this amount, still we think the court below committed no error in applying the statute of limitations to it.
It appears in the case that in May, 1856, the plaintiff and defendant dissolved a partnership which had existed between them for a considerable time, and on the dissolution
The defendant relies upon the case of Berrigan v. Pearsall, 46 Conn., 274, as sustaining his position that the statute of limitations will not prevent the set-off which he claims. It was holden in that case that a creditor who failed to present his claim to the commissioners on the insolvent estate of a deceased person within the time limited by the court of probate, was not thereby debarred from availing himself of his claim as a set off against a demand afterwards made against him by the administrator of the estate, for a debt claimed to have been due to the deceased. The statute on which this decision was based is very different from the one which governs the case under consideration. It is as follows:—“ Every creditor of an insolvent estate who shall not exhibit his claim to the commissioners within the time limited, shall be debarred of his claim against said estate,” &c. Gen; Statutes, p. 389, sec. 10. The statute of limitations applicable to this case declares that “ no action shall be brought but within six years next after the right of action shall accrue,” &e. Gen. Statutes, p. 494, sec. 4. In cases of set-off the defendant is treated as a plaintiff in respect to his claim, and his case must be made out in the same manner, and may be met by the same defences, as if he had brought a separate suit against the plaintiff upon Iris claim.
If he establishes his claim, he may be entitled to a
There is no error in the judgment and it is affirmed.
In this opinion the other judges concurred.