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SEYMOUR WATER CO. v. HORISCHAK

149 Conn. 435 (1962)

THE SEYMOUR WATER COMPANY v. PAUL J. HORISCHAK ET AL.

Supreme Court of Connecticut.

Decided April 24, 1962.

Attorney(s) appearing for the Case

John L. Collins, with whom were Cleaveland J. Rice, Jr., and, on the brief, Charles M. Lyman, for the appellants (defendants).

Charles J. Parker, with whom, on the brief, was Peter C. Dorsey, for the appellee (plaintiff).

BALDWIN, C. J., KING, MURPHY, SHEA and ALCORN, JS.

SHEA, J.

The plaintiff sued to recover an alleged unpaid balance on a promissory note. In their answer, the defendants admitted the execution of the note but pleaded that they had insufficient knowledge to form a belief regarding the amount due. They also filed a counterclaim, claiming as relief (1) a cancelation of any further indebtedness under the note described in the complaint, (2) an accounting, (3) a judgment against the plaintiff for any money paid in excess...

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