Corporations Keyed to Klein
Francis v. United Jersey Bank
Facts
P&B was a broker between ceding insurance companies and reinsurance companies. They earned a commission on the transactions between the two entities. Typically, brokers in the reinsurance business hold funds from the ceding and reinsuring companies in a separate account and pay each party from that account. The former CEO of P&B, Charles Pritchard, Sr. (the husband of Lillian Pritchard) did not practice this method, but he still ensured that the funds deposited by third parties were never used as personal funds. Charles Pritchard, Sr., eventually stepped down and his two sons controlled the business. Once the sons had control they took out personal loans from the account but never paid back the loans or any interest. This practice of misappropriating funds continued until P&B could no longer meet their obligations, and they went into bankruptcy. During the entire period that the sons controlled P&B, Lillian was the majority shareholder and sat on the Board as a director . During her tenure as director, she never participated in any business matters of P&B. Defendant argued that Lillian was elderly and sick, and therefore should be excused for her absence.
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