DocketNumber: No. 374401
Citation Numbers: 1991 Conn. Super. Ct. 6543, 6 Conn. Super. Ct. 684
Judges: SATTER, J.
Filed Date: 7/5/1991
Status: Non-Precedential
Modified Date: 4/17/2021
Plaintiff's complaint alleges: Plymouth executed a promissory note in favor of plaintiff in the face amount of $1,000,000 secured by a mortgage and collateral assignment of other assets; said note is in default because Plymouth failed to pay real estate taxes and sewer charges, and to comply with environmental requirements. Plaintiff seeks foreclosures of the mortgage, immediate possession of the premise, deficiency judgment, and other equitable relief.
Plymouth's answer admits execution of the note, mortgage and collateral assignment, and denies or leaves plaintiff to its proof as to the other allegations of the complaint. Plymouth alleges special defenses of waiver of certain mortgage provisions, equitable estoppel, laches, plaintiff's inequitable conduct and breach of good faith. Plymouth also asserts four counterclaims; the first count alleges breach of fiduciary responsibilities owed by the plaintiff to defendant arising out of the loan relationship and out of an agreement under which all rents from tenants were to be sent to a lock box at the plaintiff bank and from those funds plaintiff was to pay mortgage installments, real estate taxes and other charges; the second count alleges violation of Connecticut Unfair Trade Practices Act,
The Connecticut constitution, article
In Texaco the plaintiff sought specific performance of a purchase option, an equitable action, and defendant in its counterclaim sought to invalidate the option on the grounds of fraud. The court found the counterclaim of fraud in the inducement to be an equitable defense and upheld the denial of a jury trial.
In United States Trust Co. v. Bohart, supra, plaintiff sought approval of a trust accounting prior to distributing trust assets, an equitable action, and defendant counterclaimed on basis of plaintiff's mismanagement of funds. The court found defendant's counterclaim was, in essence, a challenge to a proposed trust account, equitable in nature and upheld denial of a jury trial.
Similarly in Franchi v. Farholme Inc.,
Directly in point is Savings Bank of New London v. Santaniello,
Here the defendant's counterclaim for breach of contract, violation of CUTPA, and negligence are all legal causes of action. In terms of their relative importance in the action, they are not ancillary to, but rather, on equal basis with plaintiff's foreclosure claim.
A counterclaim is an independent action, United States Trust Co. v. Bohart, supra, p. 45. When distinct causes are joined, one in equity, as plaintiff's claim here, and one in law, as defendant's counterclaims, the defendant has a right to have a jury trial of its legal causes of action. Berry v. Hartford National Bank and Trust Co.,
Santaniello, by way of dicta, implies that even if the defendant's counterclaim were in law, by defendant interposing it in plaintiff's equity action, "she should not be heard to complain of her failure to secure a jury trial. Had this seemed so important to her, she should have brought about an independent action." (p. 211). This notion of waiver is not picked up in any other Supreme Court cases. In this court's view it is legally unsound. The right to a jury trial is a fundamental constitutional right and should not be deemed waived by asserting a legal counterclaim in an equitable action. Moreover, to require that the right can only be realized by defendant bringing a separate action needlessly clogs the courts and causes litigants needless expense. As long ago as 1890 our Supreme Court said in Weller v. Rhodes,
The notion of jury trial in foreclosure actions threatens the expectations of mortgagees of expeditious disposition of these actions. That expectation does not derive from any rule of law. To the extent that a need for quick action in a foreclosure case is demonstrated, our courts are alert and flexible enough to accommodate that need. More important, the expectation cannot override the defendant's CT Page 6546 constitutional right to a jury trial on his legal claims.
The motion to strike the jury claim is denied.
SATTER, J.