Beechmont Enterprises V, LLC v. Dos Amigos Tequila, Inc.

Full title: BEECHMONT ENTERPRISES V, LLC Plaintiff v. DOS AMIGOS TEQUILA, PNC, et al…

Court: Court of Common Pleas of Ohio

Case no: A1209156

Date published: Apr 30, 2013

Fact:

  • Plaintiff entered into a lease with Defendant Dos Amigos.
  • Mrs. Jaime signed a “guaranty” as “surety,” with two lines for two sureties, signing one line and printing “Dos Amigos Tequila, Inc., President/Owner” on the other line.

Issue:

  • Whether Mrs. Jaime’s signing of the guaranty in her corporate capacity shields her from personal liability, or if the complaint sufficiently alleges a claim against her individually.

Decision:

  • The Court finds that the complaint has stated a claim against Mrs. Jaime individually, rejecting her argument that the guaranty was executed in her corporate capacity. Therefore, Mrs. Jaime’s motion to dismiss is denied.

Related Post

Leave a Reply

Your email address will not be published. Required fields are marked *

ten − five =