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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Zenon v. R. E. Yeagher Management Corp., 57 Conn. App. 316 (2000)

Citation
Zenon v. R. E. Yeagher Management Corp., 57 Conn. App. 316 (2000)
Parent Document
Zenon v. R. E. Yeagher Management Corp., 57 Conn. App. 316 (2000)
Jurisdiction
Connecticut (state)
Effective Date
2000-04-18

Other Sections in This Document (41)

Full Text

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We agree with the trial court that the holding in Hastings Associates, Inc., governs this case. Here, the parties twice unsuccessfully attempted to transfer the liquor license to the premises from the plaintiff to the corporation. Thereafter, and subsequent to the execution of the lease, the parties devised a plan whereby *332Yeagher would operate the pub under the plaintiffs liquor license as “manager” with the plaintiff as “owner.” The court found this to be an “unlawful ruse to deceive the liquor control authorities.” Yeagher testified that as part of the arrangement, the plaintiff demanded that Yeagher execute a promissory note payable to the plaintiff in the amount of $16,280. The execution of this note was integral to the implementation of the unlawful operation of the facility. The parties, by their conduct, effected an illegal transfer of the plaintiffs liquor license to the defendants and effectively substituted their judgment for that of the licensing authority. Although Hastings Associates, Inc., involved a claim pursuant to a lease, its principles apply to the validity of the promissory note here in question. Accordingly, pursuant to Hastings Associates, Inc., the plaintiff could not recover under its illegal arrangement. The judgment of the trial court on this count was proper. Ill