1 Travis Murrell signed an agreement with 1401 New York Avenue Inc to lease office space for his law practice Prior to signing the lease, Murrell and Brown practiced law together, referring to their firm as Murrell and Brown in paperwork led in federal court In one ling, Brown also attached a copy of his resume, which listed his title as a partner for Murrell and Brown Their firm had stationary with Murrell and Brown letterhead, had a joint checking account from which both Murrell and Brown could issue checks, and had an office sign with the name Murrell and Brown Moreover, Murrell signed the lease in Brown's presence as Travis A Murrell, Partner There was no evidence that Murrell and Brown shared income or profits generated by the firm, but their accountant led partnership tax returns on their behalf When a dispute over the lease arose, 1401 New York Avenue led suit against Brown, alleging that he was liable as a partner of Murrell and Brown Brown denied that he and Murrell had formed a partnership at the time Murrell signed the lease and refused liability associated with the lease agreement Should the court hold Brown liable 2 Gerald and Gary Carlson were brothers who formed a farming and ranching partnership Land used for partnership business was held and titled individually by each brother The purpose of the partnership was to pay expenses associated with the individually held land, such as mortgage payments, insurance, and taxes The partnership also paid many personal and household expenses for each partner's family After the partnership began to experience financial difficulty, the partners expressly agreed to limit expenses to mortgage payments, real estate taxes, utilities, life insurance premiums, vehicle payments, and property and vehicle insurance premiums Two years later, Gerald Carlson, as managing partner, stopped paying the premiums for Gary Carlson's life insurance policy but continued to pay for his own policy with partnership funds Gerald told his brother that he was still making payments for the policy Gary Carlson's life insurance policy was terminated for failure to pay the premiums Gary Carlson sued for breach of fiduciary duty Should Gerald Carlson be liable

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Posted on Jun 21, 2024

1. Travis Murrell signed an agreement with 1401 New York Avenue Inc. to lease office space for his law practice. Prior to signing the lease,

Travis Murrell signed an agreement with 1401 New York Avenue Inc. to lease office space for his law practice. Prior to signing the lease, Murrell and Brown practiced law together, referring to their firm as "Murrell and Brown" in paperwork led in federal court. In one ling, Brown also attached a copy of his resume, which listed his title as a partner for Murrell and Brown. Their firm had stationary with Murrell and Brown letterhead, had a joint checking account from which both Murrell and Brown could issue checks, and had an office sign with the name Murrell and Brown. Moreover, Murrell signed the lease in Brown's presence as "Travis A. Murrell, Partner." There was no evidence that Murrell and Brown shared income or profits generated by the firm, but their accountant led partnership tax returns on their behalf. When a dispute over the lease arose, 1401 New York Avenue led suit against Brown, alleging that he was liable as a partner of Murrell and Brown. Brown denied that he and Murrell had formed a partnership at the time Murrell signed the lease and refused liability associated with the lease agreement. Should the court hold Brown liable?

Gerald and Gary Carlson were brothers who formed a farming and ranching partnership. Land used for partnership business was held and titled individually by each brother. The purpose of the partnership was to pay expenses associated with the individually held land, such as mortgage payments, insurance, and taxes. The partnership also paid many personal and household expenses for each partner's family. After the partnership began to experience financial difficulty, the partners expressly agreed to limit expenses to mortgage payments, real estate taxes, utilities, life insurance premiums, vehicle payments, and property and vehicle insurance premiums. Two years later, Gerald Carlson, as managing partner, stopped paying the premiums for Gary Carlson's life insurance policy but continued to pay for his own policy with partnership funds. Gerald told his brother that he was still making payments for the policy. Gary Carlson's life insurance policy was terminated for failure to pay the premiums. Gary Carlson sued for breach of fiduciary duty. Should Gerald Carlson be liable?