Grodzicki v. Grodzicki

CourtSupreme Court of Connecticut
Writing for the CourtBefore KING; RYAN
Citation154 Conn. 456,226 A.2d 656
PartiesJoseph L. GRODZICKI v. Stasia M. GRODZICKI.
Decision Date25 January 1967

Page 656

226 A.2d 656
154 Conn. 456
Joseph L. GRODZICKI
v.
Stasia M. GRODZICKI.
Supreme Court of Connecticut.
Jan. 25, 1967.

[154 Conn. 457] James N. Egan, Hartford, with whom, on the brief, was Edward R. Smoragiewicz, Hartford, for appellant (defendant).

Andrew F. Pulaski, Meriden, for appellee (plaintiff).

Before [154 Conn. 456] KING, C.J., and ALCORN, COTTER, THIM and RYAN, JJ.

[154 Conn. 457] RYAN, Associate Justice.

The plaintiff husband brought this action for conversion against the defendant wife. In this appeal by her, we are concerned only with the first count of the complaint in which the plaintiff alleged that he was the owner of an undivided one-half interest in an account with the East Hartford Aircraft Federal Credit Union from which the defendant withdrew all the funds and converted to her own use. The defendant denied the allegations of the complaint and filed a counterclaim in three counts. The trial court found for the plaintiff [154 Conn. 458] on the complaint to recover of the defendant the sum of $4680.28 and for the defendant, on the second count of her counterclaim, in the sum of $1000.

Page 657

The judgment on the counterclaim was set off against the plaintiff's recovery, leaving a balance of $3680.28 due the plaintiff from the defendant. Neither party has appealed from the judgment on the counterclaim, and we are concerned only with the defendant's appeal from the judgment rendered on the complaint.

The defendant, in her appeal, assigns error in the failure of the trial court to find certain material facts which she claims were admitted or undisputed and in the finding of certain facts without evidence. The corrections to which the defendant has shown herself entitled are incorporated in the following statement of facts found by the court.

The plaintiff and the defendant were married on September 26, 1942, and lived together until May 17, 1963, when the defendant wife left the plaintiff and their two minor children. The defendant worked during the marriage at the Pratt and Whitney Aircraft Company from 1954 until the date of trial. The plaintiff was employed in Meriden at the International Silver Company. At the commencement of her employment, the defendant opened a savings account in her own name in the East Hartford Aircraft Federal Credit Union, and, on March 24, 1954, she changed this account so that it was in the joint names of her husband and herself, with the right of survivorship. During this time, the defendant deposited approximately one-half of her gross salary in the joint account and also peridically purchased bonds in the joint names of herself and her husband. At no time did the plaintiff deposit any money in this account. On November 1, 1961, [154 Conn. 459] the defendant, without the plaintiff's knowledge or permission, withdrew the entire savings from the Federal Credit Union and redeposited this sum in a new account in her own name. On July 27, 1962, the defendant withdrew the entire account in the sum of $9360.47 from the credit union and deposited it in the Puritan Bank and Trust Company in Meriden in her own name as trustee for the parties's two children.

Three paragraphs of the finding are attacked by the defendant as found without evidence. These findings, which are crucial to the plaintiff's case, recite the following facts: The plaintiff and the defendant agreed to accumulate their entire financial estate jointly as community property. Pursuant to this agreement, the plaintiff and the defendant...

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37 practice notes
  • State v. Brown
    • United States
    • Supreme Court of Connecticut
    • 3 Mayo 1972
    ...is tested by reference to the evidence printed in the appendices to the briefs. Practice Book §§ 627, 718; see Grodzicki v. Grodzicki, 154 Conn. 456, 460, 226 A.2d 656; State v. Vars, 154 Conn. 255, 258, 224 A.2d 744. The defendant attacks the court's finding that the state offered evidence......
  • State v. Lavigne, No. 18675.
    • United States
    • Supreme Court of Connecticut
    • 25 Diciembre 2012
    ...the trial court's instruction, contrary to the claim of the defendant, was a correct statement of the law. In Grodzicki v. Grodzicki, 154 Conn. 456, 226 A.2d 656 (1967), the plaintiff, who was the defendant's former husband, prevailed in an action alleging conversion against the defendant f......
  • City of New Haven v. Public Utilities Commission
    • United States
    • Supreme Court of Connecticut
    • 15 Enero 1974
    ...reviewed the record and conclude that the statement is, indeed, unsupported by the record and must be stricken. Grodzicki v. Grodzicki, 154 Conn. 456, 460, 226 A.2d 656. Striking this finding, however, does not affect the result. In the remaining portions of its finding, the P.U.C. found th......
  • Fleet Bank Connecticut, N.A. v. Carillo, No. 15494
    • United States
    • Supreme Court of Connecticut
    • 15 Abril 1997
    ...General Statutes § 36a-290; 5 Page 1070 and conflicted with an earlier opinion construing that statute. See Grodzicki v. Grodzicki, 154 Conn. 456, 226 A.2d 656 (1967). Next, she analogizes to the law of real property, claiming that a joint account, like a joint estate, devolves into a tenan......
  • Request a trial to view additional results
37 cases
  • State v. Brown
    • United States
    • Supreme Court of Connecticut
    • 3 Mayo 1972
    ...is tested by reference to the evidence printed in the appendices to the briefs. Practice Book §§ 627, 718; see Grodzicki v. Grodzicki, 154 Conn. 456, 460, 226 A.2d 656; State v. Vars, 154 Conn. 255, 258, 224 A.2d 744. The defendant attacks the court's finding that the state offered evidence......
  • State v. Lavigne, No. 18675.
    • United States
    • Supreme Court of Connecticut
    • 25 Diciembre 2012
    ...the trial court's instruction, contrary to the claim of the defendant, was a correct statement of the law. In Grodzicki v. Grodzicki, 154 Conn. 456, 226 A.2d 656 (1967), the plaintiff, who was the defendant's former husband, prevailed in an action alleging conversion against the defendant f......
  • City of New Haven v. Public Utilities Commission
    • United States
    • Supreme Court of Connecticut
    • 15 Enero 1974
    ...reviewed the record and conclude that the statement is, indeed, unsupported by the record and must be stricken. Grodzicki v. Grodzicki, 154 Conn. 456, 460, 226 A.2d 656. Striking this finding, however, does not affect the result. In the remaining portions of its finding, the P.U.C. found th......
  • Fleet Bank Connecticut, N.A. v. Carillo, No. 15494
    • United States
    • Supreme Court of Connecticut
    • 15 Abril 1997
    ...General Statutes § 36a-290; 5 Page 1070 and conflicted with an earlier opinion construing that statute. See Grodzicki v. Grodzicki, 154 Conn. 456, 226 A.2d 656 (1967). Next, she analogizes to the law of real property, claiming that a joint account, like a joint estate, devolves into a tenan......
  • Request a trial to view additional results

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