The Third Ave. Co. v. Keely, (1933)
Court: Supreme Court of Florida
Number:
Visitors: 6
Judges: Davis, C. J. —
Attorneys: Loftin, Stokes Calkins, for Appellants;
Burwell Sibley and Baker Baker, for Appellees.
Filed: May 30, 1933
Latest Update: Mar. 02, 2020
Summary: In June, 1929, May Bodine Keely and her husband exhibited their bill in chancery in the Eleventh Judicial Circuit for Dade County against Henry C. Phipps, John S. Phipps and Howard Phipps, The Third Avenue Company, Biscayne Boulevard Company, Palm Beach Company, Phipps Realty Company and Mortgage Discount Company. The five named companies alleged to be Florida corporations. The bill was a creditor's bill and prayed that certain conveyances of real estate from the Third Avenue Company to Biscayne
Summary: In June, 1929, May Bodine Keely and her husband exhibited their bill in chancery in the Eleventh Judicial Circuit for Dade County against Henry C. Phipps, John S. Phipps and Howard Phipps, The Third Avenue Company, Biscayne Boulevard Company, Palm Beach Company, Phipps Realty Company and Mortgage Discount Company. The five named companies alleged to be Florida corporations. The bill was a creditor's bill and prayed that certain conveyances of real estate from the Third Avenue Company to Biscayne ..
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I concur in the conclusion that the third amended bill makes out a case under Section 43 of Chapter 10096, Acts of 1925. I cannot agree to the theory that a corporate entity can be entirely disregarded solely because it is owned by a few persons who use its corporate character as a means of doing business in the corporate name to avoid personal liability. The test is whether the transaction was personal or corporate; not whether a transaction, admittedly a corporate one in character, was so made to avoid its being a personal transaction.Avoidance of personal liability is to be distinguished fromevasion of such liability.
Source: CourtListener
