Direct Mail Specialist, Inc. v. Brown

673 F. Supp. 1540 (1987)

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Direct Mail Specialist, Inc. v. Brown

United States District Court for the District of Montana
673 F. Supp. 1540 (1987)

  • Written by Robert Cane, JD

Facts

Direct Mail Specialist, Inc. (Direct) (plaintiff) provided services to Peaceful Bay Resort and Club (Peaceful). Murr L. Brown (defendant) intended to serve as a general partner for the Peaceful Bay Resort and Club limited partnership, with the rest of its partners serving as limited partners. However, the partners of Peaceful failed to comply with the statutory filing requirements in its application for a certificate of limited partnership. The application filed with the secretary of state failed to indicate that any of the partners were limited partners. There was no other formal indication that Peaceful existed as a limited partnership. Direct brought an action in the United States District Court for the District of Montana to collect a debt for the services it rendered to Peaceful and to hold its partners liable as general partners.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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