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(DOWNLOAD) "Joe A. Castleberry v. Byron Branscum Et Al." by First District, Houston Court of Appeals of Texas # Book PDF Kindle ePub Free

Joe A. Castleberry v. Byron Branscum Et Al.

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eBook details

  • Title: Joe A. Castleberry v. Byron Branscum Et Al.
  • Author : First District, Houston Court of Appeals of Texas
  • Release Date : January 02, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

Joe Castleberry sued Texan Transfer, Inc. and Byron Branscum and Michael Byboth, individually, on a promissory note signed by the corporation for Castleberrys shares in the closely held corporation. The jury found that Branscum and Byboth used Texas Transfer as a sham to perpetrate a fraud. Based on the jury findings, the trial court rendered judgment against Texas Transfer, disregarding its corporate fiction to hold both Byboth and Branscum individually liable. The court of appeals reversed and rendered, holding: (1) there was no evidence to support the jurys findings; (2) the instruction submitted to the jury was defective; and (3) the issues should not have been submitted to the jury because disregarding the corporate fiction is solely a question of law. 695 S.W.2d 643. We reverse the court of appeals judgment and affirm the trial court, because under the applicable law there was some evidence to support the jurys verdict, the objection to the instruction was improper, and disregarding the corporate fiction is a fact question for the jury.


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