Eudakaitis v. St. George's Lithuanian Soc'y

• Citation: 87 Conn. 1,86 A. 562
• Parties: EUDAKAITIS v. ST. GEORGE'S LITHUANIAN SOCIETY.
• Decision Date: 17 April 1913
• Court: Supreme Court of Connecticut

86 A. 562

87 Conn. 1

EUDAKAITIS

v. ST. GEORGE'S LITHUANIAN SOCIETY.

Supreme Court of Errors of Connecticut.

April 17, 1913.

Appeal from Superior Court, New Haven County; Ralph Wheeler, Judge.

Action by Joseph Eudakaitis against the St. George's Lithuanian Society to recover the reasonable value of services. From a judgment for plaintiff, defendant appeals. Affirmed.

Nath'l R. Bronson and Lawrence L. Lewis, both of Waterbury, for appellant.

John M. Sweeney, of Naugatuck, and Joseph Guilfoile and Francis P. Guilfoile, of Waterbury, for appellee.

PER CURIAM. The defendant is a corporation incorporated by the General Assembly of this state in 1895, and is located in Naugatuck, Conn. It has no capital stock, and was organized for social purposes and mutual benefits.

During the years from 1904 to January, 1911, the plaintiff was treasurer of the society, and as such officer he performed the duties required of him as such officer by the constitution and by-laws of the spciety.

The society owned a piece of land in Naugatuck, with certain improvements thereon, such as buildings, fences with gates, etc., in one of which buildings was an assembly hall and barroom, and attached to the building was a platform. It was customary for the society to rent these premises, or parts of them, to other and similar organizations for the purpose of entertainment, such as picnics and dances. They were used on all holidays by the society, or by other organizations.

The plaintiff also, at the request of the yearly committee and with the. full knowledge and acquiescence of all the members of the society, in connection with the beer business, conducted the business of buying and selling cigars and soda water as agent of and for the benefit of the society.

The plaintiff ordered and received beer, cigars, and soda water at the hall of the society, and looked out for the storing and proper care of the goods received. He received from the committee checks to be sold by him, each representing the sum of five cents, and sold such checks, which were accepted in lieu of cash by bartenders designated by the committee to act for certain periods. The checks so received were deposited in boxes, and by the plaintiff turned over to the committee, who kept the account from checks issued and returned.

The plaintiff also performed services, at the request of the yearly committee or in their absence, in the care of the grounds and buildings, such as building fires, preparing for meetings, and closing buildings. Other members also did some similar service voluntarily, but not to such an extent as the plaintiff.

At a regular meeting of the society in December, 1906, or in January, 1907, the plaintiff complained that the work he was doing was too hard, and stated that he wanted to...