For Your Data Atlantic Salmon A/S V. Curran Example Brief
February 25, 2016
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Atlantic Salmon A/S v. Curran case brief summary
591 N.E.2d 206 (1992)
CASE FACTS
The purchaser dealt alongside ii exporters every bit a representative of a seafood central company. The purchaser used the designation "treasurer" on his checks too gave the exporters work concern cards that identified him every bit the marketing manager of the seafood central company. At all relevant times, no such companionship existed. At trial, the purchaser alleged that he was acting every bit an agent of merely about other companionship when he incurred the debt that the exporters sought to recover from him individually. That other companionship had filed a certificate alongside the metropolis that it was doing work concern inwards the cite of the seafood central company. The trial courtroom entered judgment inwards favor of the purchaser.
DISCUSSION
The judgment inwards favor of the purchaser was reversed too novel judgments were entered against the purchaser inwards favor of the exporters, both alongside appropriate involvement too costs.
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591 N.E.2d 206 (1992)
CASE SYNOPSIS
Plaintiff exporters sought review of a judgment from the Superior Court (Massachusetts) inwards favor of accused purchaser inwards the exporters' activeness to recover the debt incurred past times the purchaser.CASE FACTS
The purchaser dealt alongside ii exporters every bit a representative of a seafood central company. The purchaser used the designation "treasurer" on his checks too gave the exporters work concern cards that identified him every bit the marketing manager of the seafood central company. At all relevant times, no such companionship existed. At trial, the purchaser alleged that he was acting every bit an agent of merely about other companionship when he incurred the debt that the exporters sought to recover from him individually. That other companionship had filed a certificate alongside the metropolis that it was doing work concern inwards the cite of the seafood central company. The trial courtroom entered judgment inwards favor of the purchaser.
DISCUSSION
- On appeal, the courtroom reversed.
- The courtroom held that it was non sufficient that the exporters mightiness convey had the means, through a search of the records of the metropolis clerk, to produce upwards one's heed the identity of the purchaser's principal.
- Actual cognition was the test.
- It was the purchaser's duty, if he wanted to avoid personal liability, to expose his agency.
- The purchaser's purpose of merchandise names or fictitious names was non a sufficient identification of the alleged main too then every bit to protect him from personal liability.
The judgment inwards favor of the purchaser was reversed too novel judgments were entered against the purchaser inwards favor of the exporters, both alongside appropriate involvement too costs.
Recommended Supplements for Corporations too Business Associations Law