· 3/25/1970
Kadish v. PHX.-SCOTTS. SPORTS COMPANY
Citations
- 466 P.2d 794
- 11 Ariz. App. 575
- 1970 Ariz. App. LEXIS 552
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that business 7 transactions smacked of self-dealing when the defendant corporate director caused the 8 plaintiff corporation to engage in transactions with another corporation owned by the 9 defendant, and these transactions promoted the defendant’s personal interests
- referring to burden of proof problems with respect to objections to discharge under Section 17a(2
- stating “[w]here the acts of an officer or director smack of self-dealing . . . the officer or director has the burden of proving the fairness of the transaction to the corporation to which they owe a fiduciary duty”
- held that “[a] defalcation clearly requires acts amounting to misconduct or reflecting bad faith, and not merely inadvertence, mistake or negligence.”
- officers and directors of corporation making unauthorized expenditures of corporate funds
- officers and directors of corporation making unauthorized expenditures of corporate funds
Source: CourtListener parenthetical corpus (CC0).
Judges: Jacobson, Eubank, Haire
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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