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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Sheridan v. Desmond, 45 Conn. App. 686 (1997)

Citation
Sheridan v. Desmond, 45 Conn. App. 686 (1997)
Parent Document
Sheridan v. Desmond, 45 Conn. App. 686 (1997)
Jurisdiction
Connecticut (state)
Effective Date
1997-07-15

Other Sections in This Document (39)

Full Text

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In this case, we are able to determine that the result of the first trial was based, at least in part, on the defendant’s claim of error on appeal. In order to support a finding of liability on any of the first three counts, or any combination thereof, the plaintiffs were required to prove that Desmond’s actions were (1) within the scope of the partnership business or (2) authorized by the defendant. Count four of the complaint alleges that the defendant unlawfully withheld the plaintiffs’ security deposit and recovery under that count is not dependent on the jury’s finding that the defendant is vicariously liable for Desmond’s tortious actions. Pursuant to § 47a-21 (d) (2),6 recovery on the fourth count is limited to $8640 plus interest, an amount far less than the amount awarded. The jury’s verdict, therefore, must have been based on a finding in favor of the plaintiffs on at least one of the first three counts, but the plaintiffs *691proved none of those counts, as we discuss in part II. Accordingly, we do not apply the general verdict rule. II