2011 Connecticut Code
Title 52 Civil Actions
Chapter 897 Parties and Appearances
Sec. 52-76. Actions by and against voluntary associations.

      Sec. 52-76. Actions by and against voluntary associations. Any number of persons associated together as a voluntary association, not having corporate powers, but known by a distinguishing name, may sue and be sued and plead and be impleaded by such name. A civil action may be brought against such an association by any individual member thereof and such association may bring civil actions against individual members. Civil actions may be brought, both in contract and tort, against such an association and its members, but no such civil action, except on contract, may be brought against the members without joining the association as a party to the action if the association is located or has property subject to attachment in this state.

      (1949 Rev., S. 7797; P.A. 82-160, S. 28.)

      History: P.A. 82-160 replaced "suits" with "civil actions" and rephrased the section.

      See Sec. 52-57(e) re service of process upon presiding officer, secretary or treasurer of voluntary association.

      See Sec. 52-292 re attachment in actions against voluntary associations and their members.

      See Sec. 52-365 re demand on execution against voluntary association.

      Voluntary association cannot, as such, hold real estate. 44 C. 260. Individual members liable for goods purchased, when. 55 C. 111. Prior to the amendment of 1893 a member could not sue the association. 61 C. 227. Association may give note to compromise suit pending against it. 70 C. 636. Includes action for damages for wrongful expulsion of member. 76 C. 649. See for quo warranto against "pretended town". 77 C. 265. Reasons for denying to member of a voluntary unincorporated association a cause of action in negligence against the association do not apply in the case of intentional torts. Statute, however, is procedural and creates no substantive right. If the acts of which the plaintiff complains occurred in the course of a labor dispute, it is necessary to determine the effect of section 31-114 in determining whether the plaintiff has a substantive right of action which he can enforce against the union. 150 C. 266. Cited. 186 C. 725.

      A labor union may sue in its own name. 15 CS 321. Cited. 42 CS 336.

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