187k views
21 votes
Smith Services, Inc., was a trucking company established in 2015 and owned by Tony Smith as the sole shareholder. Tony Smith also was the president of the company. Tony Smith set up an account with Laker Express, a fuel provider, on behalf of Smith Services, Inc., and his drivers often would charge fuel purchases for the company trucks to that account. Laker Express then would bill Smith Services regularly for the charges on the account. After several months of low business, Smith Services ceased doing business and was dissolved in 2018, with its assets being distributed to creditors. Laker Express only recovered a small part of the amount owed by Smith Services, Inc. Tony Smith then opened up a new trucking service business as a sole proprietor. Laker Express sought to recover Smith Services' unpaid fuel charges, which amounted to about $35,000, from Smith. Smith argued that he was not personally liable for a corporate debt. Should a court hold Tony Smith personally liable

1 Answer

7 votes

Answer:

No he should not be held personally liable by a court

Step-by-step explanation:

A court should not hold him personally liable Because Smith services incorporated was a corporation. Such a business is a separate entity from the people who own it. Since the business smith services was the one that set set up account with Lakers Express, it should be liable for all changes in the account not Tony. This is as Tony did not mix up business activities with personal activities so this court can not rule against limited liability. In the case of these fuel charges, he is not to be held accountable. The employees are.

There are no evidences that formalities were not followed by Tony for the court to hold him liable.

User Dipanjan Mallick
by
3.6k points