Legal Opinion

America's Wholesale Lender v. Silberstein

Connecticut Appellate Court

Decided February 15, 2005No. AC 24592PublishedCited by 5 opinions

1Opinion of the Court

Opinion

DRANGINIS, J.

This appeal is similar to the appeal in America’s Wholesale Lender v. Pagano, 87 Conn. App. 474, 866 A.2d 698 (2005), which we released on the same date as this opinion. The dispositive issue is whether a corporation that brings an action solely in its trade name, without the corporation being named as a party, has standing so as to confer jurisdiction on the court. We conclude that because a trade name is not an entity with legal capacity to sue, the corporation has no standing to litigate the merits of the case. We therefore reverse the judgment of the trial court.

*487The…

Also in this document: Dissent.

2Cases cited7 opinions

  1. Poe v. UllmanSupreme Court of the United States · 1961
  2. Golden Hill Paugussett Tribe of Indians v. Town of SouthburySupreme Court of Connecticut · 1995
  3. Isaac v. Mount Sinai HospitalConnecticut Appellate Court · 1985
  4. Jacobson v. RobingtonSupreme Court of Connecticut · 1953
  5. America's Wholesale Lender v. PaganoConnecticut Appellate Court · 2005

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Fairchild Heights Residents Ass'n v. Fairchild Heights, Inc.Connecticut Appellate Court · 2011
  2. Just Rests. v. Thames Rest. Grp., LLCConnecticut Appellate Court · 2017
  3. Bozelko v. MiliciConnecticut Appellate Court · 2012
  4. In re: MassieDistrict Court, D. Connecticut · 2022
  5. Just Restaurants v. Thames Restaurant Group, LLCConnecticut Appellate Court · 2017

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API