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NORMAND JOSEF ENTERPRISES, INC. v. CONNECTICUT NATIONAL BANK

(14901)

230 Conn. 486 (1994)

NORMAND JOSEF ENTERPRISES, INC. v. CONNECTICUT NATIONAL BANK

Supreme Court of Connecticut.

Decision released August 2, 1994.

Attorney(s) appearing for the Case

Gerald L. Garlick, for the appellant-appellee (defendant).

Raymond J. Antonacci, with whom were Robert Hanahan and, on the brief, Robert Boynton, for the appellee-appellant (plaintiff).

Robert M. Langer, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Neil G. Fishman and William M. Rubenstein, assistant attorneys general, for the state of Connecticut as amicus curiae.

Mark V. Connolly and David J. Wiese filed a brief for the Connecticut Bankers Association as amicus curiae.

PETERS, C. J., CALLAHAN, BORDEN, KATZ and PALMER, JS.

PETERS, C. J.

The principal issue in this case is the relationship between a bank's common law right of setoff and a judgment creditor's statutory right to enforce a court-issued execution. The plaintiff, Normand Josef Enterprises, Inc. (Josef), filed a four count complaint against the defendant, Connecticut National Bank (bank), alleging, in separate counts, that the bank had wrongfully dishonored two orders of execution on the bank account of Josef's judgment debtor...

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