Moran, Shuster, Carignan and Knierim v. August, 15116
| Decision Date | 02 May 1995 |
| Docket Number | No. 15116,15116 |
| Citation | 657 A.2d 229,232 Conn. 756 |
| Court | Connecticut Supreme Court |
| Parties | MORAN, SHUSTER, CARIGNAN AND KNIERIM v. Robert B. AUGUST. |
Henry C. Ide, Avon, for appellant (defendant).
Walter R. Hampton, Jr., Canton, with whom was Andrea M. Melanson, Simsbury, for appellee (plaintiff).
Before CALLAHAN, BORDEN, NORCOTT, KATZ and PALMER, JJ.
The plaintiff, Moran, Shuster, Carignan and Knierim, is a general partnership engaged in the practice of law with its principal office located in Avon. The plaintiff is the successor to the firm of August, Moran, Lazorick and Shuster. The defendant, Robert B. August, was a partner in the plaintiff until March 20, 1991, when he withdrew from the partnership. Pursuant to a written partnership agreement, each partner in the firm had a capital account that he was obligated to maintain in the amount of $10,000. As of the date of the defendant's withdrawal from the firm, his capital account had a negative balance of $46,699.07. After the defendant's withdrawal, despite repeated demands by the plaintiff, the defendant failed and refused to repay his capital account.
The plaintiff commenced this action in the trial court alleging, inter alia, breach of the partnership agreement, unjust enrichment and a violation of the Connecticut Unfair Trade Practices Act (CUTPA). General Statutes § 42-110a et seq. The defendant denied the plaintiff's allegations and counterclaimed seeking, inter alia, compensation pursuant to the partnership agreement. The trial court determined that the defendant had "failed to repay his negative capital account pursuant to the terms of the [partnership] agreement" and that the defendant's negative capital account was an account receivable of the partnership. It thereafter found in the plaintiff's favor on all counts of its complaint except the CUTPA count, on which it found for the defendant. As to the counterclaim, the trial court found that the defendant was entitled to compensation of $2400 pursuant to the partnership agreement. The court, therefore, rendered judgment for the plaintiff in the amount of $44,299.07. The defendant appealed from the judgment of the trial court to the Appellate Court and we transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes § 51-199(c).
After examining the record on appeal and considering the briefs and arguments of the parties, we conclude that the judgment of the trial court must be affirmed. The facts found by the trial court had a foundation in the evidence and...
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August v. Moran, 17152
...that he was entitled to from the firm. This decision was later affirmed by our Supreme Court in Moran, Shuster, Carignan & Knierim v. August, 232 Conn. 756, 657 A.2d 229 (1995).3 General Statutes § 34-60 provides in relevant part: "Any partner shall have the right to a formal account as to ......