Question
A tutor on this website provided me this citation Johnson v. Smith, 458 Mich. 2d 103 . Apparently it appears to be inaccurate or incomplete.
A tutor on this website provided me this citation "Johnson v. Smith, 458 Mich. 2d 103" . Apparently it appears to be inaccurate or incomplete. Typically, legal citations include the name of the court, volume number, reporter (or series) abbreviation, page number, and sometimes the year. The format you provided seems to have an error. If you have a correct citation or additional details about the case, I would be happy to help answer any questions.
Here is the rest of the information from the case. I really need to find out this reference
In this case, Johnson and Smith formed a partnership to operate a restaurant and the agreement provided that the partners would be jointly and severally liable for the debts of the partnership. One of the partners, Smith, secretly obtained a loan without the knowledge of the other partner, Johnson. When the restaurant failed and the loan went into default, the creditor sued both partners for the loan. Johnson argued that he was not liable for the loan because he did not sign the loan documents and was not aware of the loan. He claimed that he was not a party to the loan agreement and should not be held responsible for the debt. However, the court ruled that Johnson was still liable for the loan. The court found that the partnership agreement, which provided that the partners would be jointly and severally liable for the debts of the partnership, was still enforceable even if one partner were unaware of the specific loan. The court reasoned that Johnson, as a partner in the partnership, had a duty to act in the partnership's best interests and protect its assets. Johnson breached his fiduciary duty to the partnership by failing to monitor the other partner's actions and ensure that the partnership's debts were responsibly managed.
Thank you! Maybe the first tutor got it completely wrong!
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