Legal Question in Business Law in Hawaii

Theft by business partner

I dissolved a partnership 8 months ago. The partnership sold vacation activities from our website and we received commissons for our services. My partner did the phone contact and the actual selling and was supposed to put the proceeds each day in our merchant account. We sent copies of all email to a third address so that we would have a back up and a record of all transactions. The day after we executed our partnership dissolution agreement, several sales worth thousands of dollars came to my partners personal merchant account. The dates and the description on the invoices clearly show that my partner ''squirreled'' these sales away, when they should have been part of the partnership proceeds. My partner had not changed her email address quick enough and the receipts came to our third party mailbox. My partner went into business on her own and she failed while mine prospered. Eight months later, I am being sued by her for frivoulous charges. I have not confronted her with the proof that she stole from me. Should I countersue and mention this theft?


Asked on 12/18/05, 3:24 pm

1 Answer from Attorneys
Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: Theft by business partner

Yes, I believe you should counter-sue. Otherwise, you will be on the defensive alone without a counterclaim to use as set-off against the value of you x-partner's claim.

Call or email me if you have further questions.

Jon A. Zahaby

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Answered on 12/19/05, 9:51 pm


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