setoff claim in Connecticut

2001See Northwestern Electric, Inc. v. Rozbicki , supra, at 6 Conn. App. page 427; Savings Bank of New London v. Santaniello , 130 Conn. 206 , 210 (1943); Schaefer v. O.K.

1994Rptr. 581 , 582 (November 15, 1992, Langenbach, J.), citing Savings Bank of New London v. Santaniello, 130 Conn. 206 , 210-12 (2943) (a setoff is a claim by a defendant against a plaintiff on a debt independent of the action sued upon.) Any worker's compensation benefits recovered by the plaintiff simply do not fall within the definition of a setoff.

2009Under these circumstances, equity and good conscience will not permit allowance of the plaintiffs’ claim on reargument to eliminate the setoff.” We agree with the court’s resolution of that claim. “[A] trial court may allow, in its discretion, an amendment to pleadings before, during, or . . . after trial to conform to the proof.” Saphir v. Neustadt, 177 Conn. 191, 206 , 413 A.2d 843 (1979); see also Practice Book § 10-62.

2009Under these circumstances, equity and good conscience will not permit allowance of the plaintiffs’ claim on reargument to eliminate the setoff.” We agree with the court’s resolution of that claim. “[A] trial court may allow, in its discretion, an amendment to pleadings before, during, or . . . after trial to conform to the proof.” Saphir v. Neustadt, 177 Conn. 191, 206 , 413 A.2d 843 (1979); see also Practice Book § 10-62.

2001Also, insofar as the setoffs claim that there was no default because they were instructed not to pay query whether this is not analogous to a defense of payment which is not a setoff but a defense, cf. Elis v. Rogers , 15 Conn. App. 362 , 366 (1988).

2001Procedurally speaking, the alleged setoffs here are not properly setoffs, since it is intrinsic to the notion of setoffs and why they were developed that the claim alleged to be a setoff must be a claim "arising out of a transaction independent of the contract on which the plaintiff sues," Avery v. Brown , 31 Conn. 398 , 401 (1863).

2000Hope's Architectural Products, Inc. v. Fox Steel Co. , 44 Conn. App. 759 , 762 , 692 A.2d 829 , cert. denied, 241 Conn. 915 , 696 A.2d 985 (1997); see also Nutrico, Inc. v. Frank's Nursery Crafts, Inc. , Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 329778 (October 4, 1996, Melville, J .) ( 17 Conn.L.Rptr. 682 ) (striking a setoff claim that failed to set forth a sum certain).

2000Hope's Architectural Products, Inc. v. Fox Steel Co. , 44 Conn. App. 759 , 762 , 692 A.2d 829 , cert. denied, 241 Conn. 915 , 696 A.2d 985 (1997); see also Nutrico, Inc. v. Frank's Nursery Crafts, Inc. , Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 329778 (October 4, 1996, Melville, J .) ( 17 Conn.L.Rptr. 682 ) (striking a setoff claim that failed to set forth a sum certain).

2000Hope's Architectural Products, Inc. v. Fox Steel Co. , 44 Conn. App. 759 , 762 , 692 A.2d 829 , cert. denied, 241 Conn. 915 , 696 A.2d 985 (1997); see also Nutrico, Inc. v. Frank's Nursery Crafts, Inc. , Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 329778 (October 4, 1996, Melville, J .) ( 17 Conn.L.Rptr. 682 ) (striking a setoff claim that failed to set forth a sum certain).

2000Hope's Architectural Products, Inc. v. Fox Steel Co. , 44 Conn. App. 759 , 762 , 692 A.2d 829 , cert. denied, 241 Conn. 915 , 696 A.2d 985 (1997); see also Nutrico, Inc. v. Frank's Nursery Crafts, Inc. , Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 329778 (October 4, 1996, Melville, J .) ( 17 Conn.L.Rptr. 682 ) (striking a setoff claim that failed to set forth a sum certain).