Legal Question in Business Law in New York

Validity Of A Contract
Suppose a person, say Bob enters into a contract with JANE DOE LP, where Bob is being loaned money. Say they enter into the contract in June of 2001. The contract states, that Bob must pay them a certain amount monthly. Now suppose a year later, that Bob has financial problems and can no longer afford to pay back the loan, so JANE DOE LP sues them in attempt to collect the debt. Bob then hires a lawyer who conducts a background search on JANE DOE LP and discovers that JANE DOE LP was first filed as a Limited Partnership in 1999 under the name John Doe LP. Furthermore, the lawyer discovers that in December of 2001, six months after the person entered into a contract with JANE DOE LP, John Doe LP filed a corporate amendment to legally change its name to JANE DOE LP. The lawyer cannot find any ficticious name filed by John Doe LP for the name JANE DOE LP, before June of 2001. Nowhere in the contract is John Doe LP mentioned. So if Bob entered into a contract with JANE DOE LP in June of 2006, and there is no record of JANE DOE LP before then, and John Doe Lp doesn`t change it's name till December of 2001, is this contract void or does changing the name, even after entering into a contract, make it enforceable?

Asked on 7/08/09, 12:30 am

Mark S. Moroknek Kelly & Curtis, PLLC.

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Re: Validity Of A Contract

This makes no sense

Answered on 7/09/09, 9:37 am

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