Summary
In Connecticut Savings Bank v. Reilly, 12 Conn. Supp. 327, 327–28 (1944), a foreclosure action, the defendant asserted abuse of process as a special defense, due to the excessiveness of attachment with which suit was commenced.
Summary of this case from U.S. Bank v. BlowersOpinion
File No. 64518
At common law, the available defenses to a complaint seeking the foreclosure of a mortgage are limited to such things as payment, discharge, release, satisfaction or the invalidity of the lien. A special legal defense setting forth an alleged abuse of process wrought by the excessiveness of the attachment with which the suit was begun did not fall within any of these classifications and demurrer thereto was required to be sustained.
MEMORANDUM FILED JANUARY 11, 1944.
James E. Connor, and William L. Beers, of New Haven, for the Plaintiff.
T. Holmes Bracken, of New Haven, for the Defendant Movant.
Memorandum of decision on demurrer to special defense.
At common law, the available defenses to a complaint seeking the foreclosure of a mortgage are limited to such things as payment, discharge, release, satisfaction or the invalidity of the lien. Petterson vs. Weinstock, 106 Conn. 436, 441. Under no stretch of the imagination can one interpret the legal special defense [alleged abuse of process wrought by excessiveness of attachment with which suit begun] as falling within any of the above classifications. It does not avoid the plaintiff's cause of action and is totally without merit as a defense.