Lafayette Bank & Trust Co. v. Branchini & Sons Construction Co.

The sole issue presented to this court, which is one of first impression in this state, is whether the third-party defendant, Mortgage Investors of Washington, hereinafter referred to as MIW, an unincorporated Maryland business trust having an office in Bethesda, Maryland, was properly served in this action. The plaintiff, purporting to act under General Statutes § 52-59b, caused to be served on the secretary of the state of Connecticut a copy of the writ, summons, and complaint directed to MIW as an entity.

Generally, business trusts may be sued in the trust or company name, as was done here,…