36 Conn. 102 | Conn. | 1869
This is an action of debt on a judgment of the Superior Court. One defense to it was a former judgment for the defendants in an action upon the same judgment rendered in April, 1860. In point of fact that judgment was rendered in an action for fraud under the 370th section of the staürte in relation to civil actions, (Gen. Statutes, page 85,) in which the judgment now in suit, and the debt upon which it was founded, was set up as the matter in respect to which the plaintiffs claimed to have been defrauded. The issue in that case was upon the plea of the general issue with notice
Again, the judgment on which the suit is brought was rendered in .September, 1856. The defendants made an assignment in February, 1856, and such proceedings were had in the probate court that in February, 1857, that court decreed the discharge of the defendants from all claims against them founded on contract existing at the time of their assignment in February, 1856. The question therefore is, whether this judgment, rendered several months after the date of the assignment, was included in that discharge; and we are of opinion, that it was not, because it came into existence after the date of the assignment. This precise question was before us in the case of Waterman v. Curtiss, 30 Conn., 135, and it was decided that a similar discharge from debts existing at the time of the assignment was no discharge of a judgment debt obtained after the date of the assignment. Similar decisions have been made in other states, but it is unnecessary to allude to them particularly, as a recent case of our own court should of course control our decision.
In this opinion the other judges concurred.