Lehrman v. Prague

• Decision Date: 09 August 1932
• Citation: 162 A. 15,115 Conn. 484
• Court: Connecticut Supreme Court
• Parties: LEHRMAN v. PRAGUE. PRAGUE v. PRAG et al.

162 A. 15

115 Conn. 484

LEHRMAN v. PRAGUE.

PRAGUE v. PRAG et al.

Supreme Court of Errors of Connecticut.

August 9, 1932

Appeal from Superior Court, Windham County; Frederick M. Peasley Judge.

Separate actions by Max Lehrman against Benjamin Prague on an arbitration award, and by Benjamin Prague against Herman Prag and others on a judgment and for other relief. From a judgment for plaintiff in the first case and for plaintiff against named defendant only in the second case, Benjamin Prague appeals in both cases.

No error.

Argued before MALTBIE, C.J., and HAINES, HINMAN, BANKS, and AVERY JJ.

Jacob Schwolsky, Joseph W. Ress, and Samuel H. Ritt, all of Hartford, for appellant.

Samuel B. Harvey and Arthur T. Kelley, both of Willimantic, for appellees Lehrman and Halsband.

AVERY J.

These two cases were tried together and a single finding of facts made by the court applied to both. No purpose would be served by detailing these facts. Herman Prag and Benjamin Prague are brothers, and in 1919 formed a partnership to conduct a retail shoe store in Willimantic. They at first had one store, known as the Modern, and later acquired another known as the Eagle. Herman Prag, with Max Lehrman, entered into an agreement to purchase the building in which the Modern Store was conducted, and later made an agreement with Benjamin Prague to transfer to him one-half of his interest in it. This agreement, however, was never carried out. Various transactions as to the real estate took place between Herman Prag and Lehrman, and the former at one time had title to it and the rent for the store was paid to him by Prag Bros. Finally the real estate was conveyed to John L Halsband, under some understanding that Herman Prag could reacquire it. For some time the property was treated as still belonging to Herman Prag, but later Prag Bros. entered into a five-year lease of the store with Halsband, and at the time these actions were brought the latter still had record title to the property. Prag Bros. got into financial difficulties and assigned the two stores to one Kothe for the benefit of their creditors. Kothe, for a valuable consideration, thereafter sold the stores to Sadie Rosenthal and Lehrman: but Prag Bros. continued to manage them for a time. Various difficulties arose and several actions were brought, and finally an arbitration agreement was entered into between Max Lehrman, Herman Prag, Benjamin Prague, and Sadie Rosenthal, for the purpose of making an end to all the disputes between them. On May 14, 1929, the arbitrators appointed under the agreement made their award. This was based upon the finding that Lehrman and Rosenthal were acting as trustees for Herman Prag and Benjamin Prague in relation to the Modern and Eagle Stores; that the Modern Store was, in reality, owned by Herman, and the Eagle Store by Benjamin. They therefore found that Benjamin had and was entitled to an interest in the Main street property, claimed to be owned by Herman in the amount of $4,000, and, in full payment and discharge of all debts, demands, and claims between the parties, they awarded that the following payments be made between the parties: That Herman Prag pay to Max Lehrman $1,782.37, to Sadie Rosenthal $750, and to Benjamin the sum of $5,712.80; and that Benjamin pay to Max Lehrman the sum of $1,782.37, and to Sadie Rosenthal the sum of $750. Thereupon Herman, in discharge of his awarded indebtedness to Lehrman and to carry out the previous arrangement under which Lehrman had taken over the ownership of the Modern Shoe Store released to the latter whatever interest he had in the store by the award.

On July 1, 1929, Lehrman brought an action against Benjamin Prague which was shortly thereafter withdrawn. July 16, 1929, Benjamin brought an action upon the award against Herman Prag for $5,712.80, and recovered judgment for that amount, with interest and costs, which judgment remains wholly unsatisfied. In that action, both Lehrman and Halsband were also made parties, and the plaintiff, in its claims for relief, asked that the title to the real property, which was conveyed by Herman to Halsband, be vested in Herman and be made subject to levy of execution on any judgment to be rendered in favor of Benjamin in that action; and further asked that title to the Modern Store and its contents be vested in Herman and be likewise subject to such execution. Judgment in that action was rendered in favor of the defendants, Lehrman and Halsband. Herman Prag is insolvent.

The appellants ask numerous corrections of the finding and also that certain paragraphs of their draft findings be incorporated into the finding as made. A careful examination of the evidence, however, discloses that the facts found by the trial court are supported by testimony, and no correction of the finding is permissible which will advantage the position of the appellants in either case.

The present action of Max Lehrman v. Benjamin Prague was brought to recover the sum of $1,782.37, awarded him by the arbitrators. The defendant interposed a special defense in...