26 Conn. 432 | Conn. | 1857
The only question in this case is, whether the auditors were correct in crediting to the defendants the payment of $804.72. made by one of them, (Haight,) to the plaintiff.
But for the effect of the proceedings in the supreme court of New York, in the suit in favor of the plaintiff against that defendant, it would not admit of a doubt that that credit was properly allowed. It was found by the auditors that it was agreed between th'e plaintiff and defendants in this suit, that all the money which Haight should pay to the plaintiff
We come then to consider the effect of the proceedings in the suit in New York. The plaintiff, before the auditors, proved, that before the commencement of the present suit, he brought a suit against the defendant Haight, in that state, for the recovery of a private debt due to him by the latter which accrued subsequently to that on which the present suit is brought, in which he recovered judgment by default against Haight for the balance of that private debt, after deducting the payment of $804.72 which was credited to the defendants in the present suit; and he claims that, as the amount of that payment was thus deducted in that suit, it ought not to have been credited to the defendants by the auditors in this. Against Redfield, one of the present defendants, as he was not a party to the suit in New York, the record of the judgment there was evidence only of the fact of the recovery against Haight in that suit. It was not admissible to prove that the amount deducted in that case was originally paid to apply on the debt to recover which that suit was brought.
There is, therefore, no error in the judgment complained of.
In this opinion the other judges concurred.
Judgment affirmed.