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WHITEHOUSE v. SAMMIS

178 Conn. 529 (1979)

EDWIN A. WHITEHOUSE v. DOROTHY M. SAMMIS, EXECUTRIX (ESTATE OF JOSEPH MERCADANTE)

Supreme Court of Connecticut.

Decision released July 31, 1979.

Attorney(s) appearing for the Case

William T. Cahill, for the appellant (defendant).

Sperry A. DeCew, with whom was Kevin Tierney, for the appellee (plaintiff).

COTTER, C. J., LOISELLE, BOGDANSKI, PETERS and PARSKEY, JS.

BOGDANSKI, J.

In 1971, the plaintiff instituted suit against the defendant Joseph Mercadante to recover on a debt allegedly contracted by Mercadante in 1937. Before trial, however, Mercadante died and Dorothy M. Sammis, the executrix of his estate, was substituted as the party defendant.1 The court found the issues for the plaintiff, concluding that the conduct and writings of Mercadante constituted a sufficient acknowledgment to remove...

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