Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Kinney Shoe Corp. v. Polan

United States Court of Appeals for the Fourth Circuit
939 F.2d 209 (4th Cir. 1991)



Lincoln M. Polan (defendant) incorporated Industrial Realty Company (Industrial) and Polan Industries, Inc. (PI) under the laws of West Virginia. Polan made no capital investment into either company. Further, Polan did not hold initial meetings or elect directors, and no stock was ever issued. Kinney Shoe Corporation (Kinney) (plaintiff) had a long-term lease on a building, which Kinney subleased to Industrial. Industrial then subleased a portion of the building to PI, with Polan signing the relevant documents. Polan made a single rental payment to Kinney from his personal account before Industrial defaulted on the lease. Kinney sued and obtained a judgment of $166,400 against Industrial. Kinney then sued Polan personally. The district court concluded that Kinney had “assumed the risk of Industrial’s undercapitalization” and refused to pierce the corporate veil. Kinney appealed to the United States Court of Appeals for the Fourth Circuit.

Rule of Law


Holding and Reasoning (Chapman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 506,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 506,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial