S&T Bank, Inc. v. Advance Merchant Servs.

Citations

• 255 N.E.3d 164
• 2024 Ohio 4757

Syllabus

CIV.R. 12(B)(2) — PERSONAL JURISDICTION — CIV.R. 12(B)(6) — FAILURE TO STATE A CLAIM — CIVIL CONSPIRACY — FRAUD — INTERFERENCE WITH A CONTRACT: The trial court erred in dismissing plaintiff bank's claims for fraud and civil conspiracy against certain defendant merchant cash advance entities where the complaint alleges that certain defendant merchant cash advance entities had actual knowledge of the financial insolvency of the borrower and actual knowledge that the borrower was unlawfully kiting funds from certain banks including plaintiff bank to repay debts, including repayment of the financing provided by the merchant cash advance entities, yet continued to advance substantial sums of money to the borrower only with shorter repayment periods and higher daily withdraw requirements. The trial court did not err in dismissing plaintiff bank's claim for interference with a security agreement where, regardless of whether all the other elements of the claim are met, the complaint failed to adequately alleged resulting damages. The trial court did not err in dismissing plaintiff bank's claims against certain defendant merchant cash advance entities for lack of personal jurisdiction where the complaint failed to allege any facts indicating that these entities transacted business in Ohio or caused tortious injury in Ohio, or that these entities were merely alter egos of other defendant merchant cash advance entities.