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. When individual members liable for goods purchased. 55 C. 111. Prior to 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. 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 plaintiff complains occurred in the course of a labor dispute, it is necessary to determine the effect of Sec. 31-114 in determining whether 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.
Notes of Decisions
Hartford Accident & Indem. Co. v. Sena, 619 A.2d 489 (Conn. Super. Ct. 1992).
· cites it 11× “Because of the injustice that rule presented in certain factual situations, in some jurisdictions that did not have an express statute permitting such suits such as General Statutes § 52-76, the courts permitted suit on the legal theory that the association was a legal entity.”
Papa v. New Haven Fed'n of Teachers, 444 A.2d 196 (Conn. 1982).
· cites it 2× “General Statutes §52-76. We conclude that the injunction authorized by § 10-153e may be issued against the Federation.”
Benoit v. Amalgamated Local 299 United Elec. Radio Workers of Am., 52 L.R.R.M. (BNA) 2658 (Conn. 1963).
· cites it 2× “The defendants claim that the plaintiff could not recover from the union because, as a member of a voluntary association, he had no common-law right of action against it; that §52-76 of the General Statutes, which permits a voluntary association to be sued in its distinguishing…”
Thomas v. Brasher-Cunningham (D. Conn. 2020).
· cites it 2× “” Conn. Gen. Stat. § 52-76 . Service may be made against a voluntary association by serving process “upon the presiding officer, secretary or treasurer.”
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