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eBook details

• Title: Frances Rogers v. Robert M. Adler
• Author : Fifth District, Dallas Court of Appeals of Texas
• Release Date : January 15, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Frances Rogers, a judgment creditor of Dycon International Inc., sued Robert M. and B. Michael Adler seeking to hold them individually liable for the corporations debt. Rogers appeals from a summary judgment granted the Adlers. She contends on appeal that summary judgment should have been granted in her favor rather than for the Adlers because the undisputed facts reveal that: (1) the Adlers at all pertinent times were officers and directors of Dycon; (2) her claim against Dycon was one sounding in tort rather than contract; (3) her claim against Dycon did not become a debt until reduced to judgment; (4) her judgment against Dycon was rendered at a time when Dycons charter was in forfeiture for failure to pay franchise taxes; and (5) her debt, therefore, was "created or incurred" after forfeiture and before revival and, thus, imposed liability upon the officers and directors of the corporation under section 171.255 of the Texas Tax Code. We hold that the debt here sued upon was not "created or incurred" after forfeiture of the corporate charter within the meaning of section 171.255 and, consequently, affirm.

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