Legal Question in Business Law in New York

If an officer (COO) of a Delaware C Corp signed a promissory note for a loan where the lender purchased machines on his credit card but didn't authorize the terms of this loan with the CEO, and in fact, signed the note as the CEO, is the Company to honor the terms of this loan?


Asked on 7/28/16, 10:48 am

2 Answers from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Unclear who is the lender is. If the company is the lender and is in the business of providing loans then the recipient of the note, who then acted to procure equipment based on the loan, may have a claim of reliance.

The documents and nature of the parties involved need to be reviewed as well as the damages that resulted. A consultation review is quick and not expensive. Please contact me directly to arrange for a consultation.

Roman R. Fichman, Esq.

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Answered on 7/28/16, 11:06 am
Frank Natoli Natoli-Legal, LLC

I see very little reason to believe that the note would be invalidated based on these facts. I mean if the COO signs it, that binds the company. It's not going to matter that he put CEO on the doc. That could be a simple non-material typo. If however what you are saying is that there was some purposeful deception going on then perhaps the facts need to be explored in more detail.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient. Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 7/28/16, 11:54 am


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