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Corporations Keyed to Klein
New Horizons Supply Co-op v. Haack
Facts
Haack entered into business with her brother Robert Koch, forming Kickapoo Valley Freight LLC. Haack filled out an application for a gas card from Defendant, but she argued that she was signing on behalf of the LLC. When the gas card balance was overdue, Plaintiff contacted Defendant LLC for payment. Plaintiff was directed to Haack, who said payment would come shortly. After there still was no payment, Haack explained that the LLC was dissolving but that she would try to provide monthly payments – which she never did. At trial, Haack was unable to provide proof that Kickapoo Valley Freight actually filed for LLC status except for Haack’s assertion that she used an attorney to file but never kept the records. Haack also admitted that she never properly dissolved the LLC. With the missing documentation, the lower court decided that Kickapoo Valley Freight should be considered a partnership, and therefore held Haack personally liable.
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