person against claim (Connecticut) · Go Syfert
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person against claim in Connecticut

11 Connecticut opinions name it 2 courts 2000–2019 0 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Ifc Credit Corporation v. Bulk Petroleum Corporation and Darshan S. Dhaliwalgreen
ca7 · 2005 · cited in 1 Connecticut opinions naming this issue, 2019–2019
1 sentence

2019Co. , 98 Conn. App. 784 , 790, 912 A.2d 513 (2006), cert. denied, 281 Conn. 914 , 916 A.2d 55 (2007), quoting General Statutes Annotated § 42a-3-311, comment (4) (West 2009); accord IFC Credit Corp. v. Bulk Petroleum Corp. , 403 F.3d 869 , 874 (7th Cir. 2005) ("[o]rdinarily the good faith requirement is violated where there is no bona fide mutual dispute concerning consideration, or the party tendering the payment affirmatively misleads the claimant " [emphasis in original] ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Muldoon v. Homestead Insulation Co. green
conn · 1994
2 sentences

2001"It is well settled that a release, being a contract whereby a party abandons a claim to a person against whom that claim exists, is subject to rules governing the construction of contracts." (Internal quotation marks omitted.) Muldoon v. Homestead Insulation Co. , 231 Conn. 469 , 482 , 650 A.2d 1240 (1994).

2001"It is well settled that a release, being a contract whereby a party abandons a claim to a person against whom that claim exists, is subject to rules governing the construction of contracts." (Internal quotation marks omitted.) Muldoon v. Homestead Insulation Co. , 231 Conn. 469 , 482 , 650 A.2d 1240 (1994).

52000–2012
Auto Glass Express, Inc. v. Hanover Insurance green
connappct · 2006
2 sentences

2019Co. , 98 Conn. App. 784 , 790, 912 A.2d 513 (2006), cert. denied, 281 Conn. 914 , 916 A.2d 55 (2007), quoting General Statutes Annotated § 42a-3-311, comment (4) (West 2009); accord IFC Credit Corp. v. Bulk Petroleum Corp. , 403 F.3d 869 , 874 (7th Cir. 2005) ("[o]rdinarily the good faith requirement is violated where there is no bona fide mutual dispute concerning consideration, or the party tendering the payment affirmatively misleads the claimant " [emphasis in original] ).

2019Co. , 98 Conn. App. 784 , 790, 912 A.2d 513 (2006), cert. denied, 281 Conn. 914 , 916 A.2d 55 (2007), quoting General Statutes Annotated § 42a-3-311, comment (4) (West 2009); accord IFC Credit Corp. v. Bulk Petroleum Corp. , 403 F.3d 869 , 874 (7th Cir. 2005) ("[o]rdinarily the good faith requirement is violated where there is no bona fide mutual dispute concerning consideration, or the party tendering the payment affirmatively misleads the claimant " [emphasis in original] ).

12019–2019
Auto Glass Express, Inc. v. Hanover Insurance Company green
conn · 2007
2 sentences

2019Co. , 98 Conn. App. 784 , 790, 912 A.2d 513 (2006), cert. denied, 281 Conn. 914 , 916 A.2d 55 (2007), quoting General Statutes Annotated § 42a-3-311, comment (4) (West 2009); accord IFC Credit Corp. v. Bulk Petroleum Corp. , 403 F.3d 869 , 874 (7th Cir. 2005) ("[o]rdinarily the good faith requirement is violated where there is no bona fide mutual dispute concerning consideration, or the party tendering the payment affirmatively misleads the claimant " [emphasis in original] ).

2019Co. , 98 Conn. App. 784 , 790, 912 A.2d 513 (2006), cert. denied, 281 Conn. 914 , 916 A.2d 55 (2007), quoting General Statutes Annotated § 42a-3-311, comment (4) (West 2009); accord IFC Credit Corp. v. Bulk Petroleum Corp. , 403 F.3d 869 , 874 (7th Cir. 2005) ("[o]rdinarily the good faith requirement is violated where there is no bona fide mutual dispute concerning consideration, or the party tendering the payment affirmatively misleads the claimant " [emphasis in original] ).

12019–2019
Giano v. Salvatore green
connappct · 2012
2 sentences

2016It is well settled that a release, being a contract whereby a party abandons a claim to a person against whom that claim exists, is subject to rules governing the construction of contracts." Giano v. Salvatore, 136 Conn.App. 834 , 841, 46 A.3d 996 , cert. denied, 307 Conn. 926 , 55 A.3d 567 (2012).

2016It is well settled that a release, being a contract whereby a party abandons a claim to a person against whom that claim exists, is subject to rules governing the construction of contracts." Giano v. Salvatore, 136 Conn.App. 834 , 841, 46 A.3d 996 , cert. denied, 307 Conn. 926 , 55 A.3d 567 (2012).

12016–2016
Burns v. Quinnipiac University green
connappct · 2010
2 sentences

2012“Interpretation of the written terms of a contract and the degree of compliance by the parties are questions of fact to be determined by the trier of fact.” Burns v. Quinnipiac University, 120 Conn. App. 311, 322 , 991 A.2d 666 , cert. denied, 297 Conn. 906 , 995 A.2d 634 (2010).

2012“Interpretation of the written terms of a contract and the degree of compliance by the parties are questions of fact to be determined by the trier of fact.” Burns v. Quinnipiac University, 120 Conn. App. 311, 322 , 991 A.2d 666 , cert. denied, 297 Conn. 906 , 995 A.2d 634 (2010).

12012–2012
Embalmers' Supply Co. v. Giannitti green
connappct · 2007
2 sentences

2012“It is well settled that a release, being a contract whereby a party abandons a claim to a person against whom that claim exists, is subject to rules governing the construction of contracts.” (Internal quotation marks omitted.) Embalmers’ Supply Co. v. Giannitti, 103 Conn. App. 20, 42 , 929 A.2d 729 , cert. denied, 284 Conn. 931 , 934 A.2d 246 (2007).

2012“It is well settled that a release, being a contract whereby a party abandons a claim to a person against whom that claim exists, is subject to rules governing the construction of contracts.” (Internal quotation marks omitted.) Embalmers’ Supply Co. v. Giannitti, 103 Conn. App. 20, 42 , 929 A.2d 729 , cert. denied, 284 Conn. 931 , 934 A.2d 246 (2007).

12012–2012
EMBALMERS'SUPPLY COMPANY v. Giannitti green
conn · 2007
2 sentences

2012“It is well settled that a release, being a contract whereby a party abandons a claim to a person against whom that claim exists, is subject to rules governing the construction of contracts.” (Internal quotation marks omitted.) Embalmers’ Supply Co. v. Giannitti, 103 Conn. App. 20, 42 , 929 A.2d 729 , cert. denied, 284 Conn. 931 , 934 A.2d 246 (2007).

2012“It is well settled that a release, being a contract whereby a party abandons a claim to a person against whom that claim exists, is subject to rules governing the construction of contracts.” (Internal quotation marks omitted.) Embalmers’ Supply Co. v. Giannitti, 103 Conn. App. 20, 42 , 929 A.2d 729 , cert. denied, 284 Conn. 931 , 934 A.2d 246 (2007).

12012–2012
MOZELL v. Commissioner of Correction green
conn · 2010
2 sentences

2012“Interpretation of the written terms of a contract and the degree of compliance by the parties are questions of fact to be determined by the trier of fact.” Burns v. Quinnipiac University, 120 Conn. App. 311, 322 , 991 A.2d 666 , cert. denied, 297 Conn. 906 , 995 A.2d 634 (2010).

2012“Interpretation of the written terms of a contract and the degree of compliance by the parties are questions of fact to be determined by the trier of fact.” Burns v. Quinnipiac University, 120 Conn. App. 311, 322 , 991 A.2d 666 , cert. denied, 297 Conn. 906 , 995 A.2d 634 (2010).

12012–2012
Herbert S. Newman & Partners, P.C. v. CFC Construction Ltd. Partnership green
conn · 1996
2 sentences

2006Partnership, 236 Conn. 750, 764 , 674 A.2d 1313 (1996). 2 General Statutes § 42a-3-311 provides: “(a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply. “(b) Unless subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written c

2006Partnership, 236 Conn. 750, 764 , 674 A.2d 1313 (1996). 2 General Statutes § 42a-3-311 provides: “(a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply. “(b) Unless subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written c

12006–2006
County Fire Door Corp. v. C. F. Wooding Co. green
conn · 1987
2 sentences

2002Wooding Co. , 202 Conn. 277 , 281 , CT Page 16121 520 A.2d 1028 (1987).

2002Wooding Co. , 202 Conn. 277 , 281 , CT Page 16121 520 A.2d 1028 (1987).

12002–2002
State v. Darden green
conn · 1996
1 sentence

2000"A court cannot disregard terms in a contract." Ballard v. Asset Recovery Management Co. , 39 Conn. App. 805 , 809 , 667 A.2d 1298 (1995), cert. denied, 236 Conn. 906 , 670 A.2d 1306 (1996).

12000–2000
State v. Felder green
conn · 1996
1 sentence

2000"A court cannot disregard terms in a contract." Ballard v. Asset Recovery Management Co. , 39 Conn. App. 805 , 809 , 667 A.2d 1298 (1995), cert. denied, 236 Conn. 906 , 670 A.2d 1306 (1996).

12000–2000
Sims v. Honda Motor Co. green
conn · 1993
2 sentences

2000Specifically excluded from this Release are any claims arising out of or relating to . . . the Property Disclosure under P.A. 95-3, but further provided that no such claims shall be interposed as a defense, offset or counterclaim to any action on the Purchase Money Mortgage Note given in connection with said purchase." "It is well settled that a release, being a contract whereby a party abandons a claim to a person against whom that claim exists, is subject to rules governing the construction of contracts. . . ." (Citation omitted; internal quotation marks omitted.) Muldoon v. Homestead Insula

2000Specifically excluded from this Release are any claims arising out of or relating to . . . the Property Disclosure under P.A. 95-3, but further provided that no such claims shall be interposed as a defense, offset or counterclaim to any action on the Purchase Money Mortgage Note given in connection with said purchase." "It is well settled that a release, being a contract whereby a party abandons a claim to a person against whom that claim exists, is subject to rules governing the construction of contracts. . . ." (Citation omitted; internal quotation marks omitted.) Muldoon v. Homestead Insula

12000–2000
Ballard v. Asset Recovery Management Co. green
connappct · 1995
2 sentences

2000"A court cannot disregard terms in a contract." Ballard v. Asset Recovery Management Co. , 39 Conn. App. 805 , 809 , 667 A.2d 1298 (1995), cert. denied, 236 Conn. 906 , 670 A.2d 1306 (1996).

2000"A court cannot disregard terms in a contract." Ballard v. Asset Recovery Management Co. , 39 Conn. App. 805 , 809 , 667 A.2d 1298 (1995), cert. denied, 236 Conn. 906 , 670 A.2d 1306 (1996).

12000–2000
Rosado v. Bridgeport Roman Catholic Diocesan Corp. green
connsuperct · 1998
2 sentences

2000General Statutes § 42a-3-311 (d) 2 provides in pertinent part that, "[a] claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered CT Page 3853 in full satisfaction of the claim." The affidavit submitted by the plaintiff's "Manager of Corporate Credit" states that "[n]either Credit Representatives or Treasury Employees review checks for memorandums

2000General Statutes § 42a-3-311 (d) 2 provides in pertinent part that, "[a] claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered CT Page 3853 in full satisfaction of the claim." The affidavit submitted by the plaintiff's "Manager of Corporate Credit" states that "[n]either Credit Representatives or Treasury Employees review checks for memorandums

12000–2000

Where else courts name it

IL 109 (1906–2026) MS 100 (1977–2025) TX 42 (1952–2026) LA 39 (1903–2004) WA 13 (1942–2025) CA 13 (1939–2022) MI 12 (1914–2025) CT 11 (2000–2019) OH 11 (1911–2016) OK 10 (1927–2014) WI 8 (1957–2016) NY 8 (1848–1994) AL 7 (1888–2018) NC 7 (1974–2018) VT 7 (1974–2026) GA 7 (1882–2003) MD 6 (1965–2014) FL 6 (1938–2016) CO 5 (1983–2025) SC 5 (1932–2008) IA 5 (1886–1984) NM 4 (1947–2012) NJ 4 (1867–1995) NE 4 (1950–1998) UT 3 (2007–2013) RI 3 (2005–2009) DE 3 (1932–1990) MA 3 (1874–2008) PA 3 (1981–2016) VA 2 (1999–2004) MO 2 (1913–1986) AZ 2 (1997–2008) MN 2 (1977–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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