Question
Gilroy, Sims & Associates, Ltd., was a limited partnership engaged in real estate development. The original general partners were Richard Gilroy and William Sims. Thomas
Gilroy, Sims & Associates, Ltd., was a limited partnership engaged in real estate development. The original general partners were Richard Gilroy and William Sims. Thomas Green and John Murphy, Jr., were listed as limited partners, along with certain other individuals, on the certificate of the limited partnership. Green and Murphy took an active role in the day-to-day operations of the real estate developed by the limited partnership. Financing was obtained to construct the ventures building in St. Louis in 1968, with a mortgage that was payable to American National Insurance Company over 27 years. In 1976, Green and Murphy became general partners of Gilroy, Sims. They executed a Restated Agreement and agreed to unlimited liability for the debts of the partnership. In the fall of 1990, the partnership stopped making mortgage payments. After foreclosure by American National, a deficiency of $1,437,840 was outstanding. Green and Murphy believed they were absolved from any personal liability beyond the assets of the firm because they were limited partners when the debt was incurred in 1968. Decide.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started