Brian Mccullugh Case Summary

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Title: Name of case; deciding court; year - Austin Powder Company, Respondent, v. Brian McCullough et al., Appellants, Supreme Court Appellant Division, Third Department, New York (June 29, 1995) Procedural History: How the case got to the reviewing court. Who sued whom? Who won at trial? Who appealed? Subsequent decisions. Respondent obtained judgement against Tri State Construction Supply Inc., a company owned by Appellant, Brian McCullough, for $118,169.18. Respondent filed and was granted a motion for summary judgement in Ulster County Superior Court to hold Brian McCullough and Anfo, Inc. legally liable for Tri state’s judgement debt. Appellants appealed this decision. Facts: Respondent, obtained judgement against Tri State…show more content…
They do not hold corporate meetings. Tri state operated using assets paid for and belonging to McCullough. McCullough had full control of both corporations. Tri state funds were used to pay for McCullough’s golf club dues and landscaping which goes to show that McCullough used these corporation to transact personal business. Tri state also conducted business using assets paid for and belonging to Anfo. The two companies also inter mingled their finances. The vehicle used by Tri State for transportation was owned and insured by Anfo. In addition, Anfo paid for Tri State’s mortgage and telephone bills. Tri state’s checking account was used to pay for Anfo’s payroll. Other thoughts: Any dicta; colorable facts; interesting observations; if you changed the facts—how would it change outcome? Could you flip the case by changing the facts slightly—make it go the other way? How? Also policy considerations: Explanations and elaborations on the reason for the law, etc. If Anfo had multiple shareholders, it would’ve been hard if not impossible to pursue liability against Anfo for Tri state’s judgement

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