Resnik v. Morganstern
In Resnik v. Morganstern, 100 Conn. 38, 122 A. 910 (1923), the Court held that a plaintiff is not required to meet a defendant's special defense at the time of a motion for nonsuit.
The Resnik court determined that the trial court improperly had granted a motion for nonsuiton the basis of rescission, a special defense.
"The nonsuit was wrongly granted. The plaintiff had proven the essential allegations of his complaint, and under such circumstances a nonsuit could not be granted. If it were true that the evidence also established that the contract sued on had been rescinded, the court could not grant the nonsuit. Rescission is an affirmative defense and the plaintiff is not bound to meet it in establishing his case. If this were not so, a plaintiff would be compelled to assume the burden of proving not only his own case but meeting the special defenses of the defendant." Id., at 42.