- 7 - and his lawyers, sent Mr. Grossman demand letters, and finally sued Mr. Grossman in March of 1987. No evidence was presented regarding the financial condition of Mr. Grossman except petitioner's oral testimony that Mr. Grossman had no assets and had filed for bankruptcy. The limited partners of VIP believed that Mr. Grossman had assets worth pursuing. Petitioner, as general partner of VIP, attempted to collect on the replacement note through legal action during the year 1986. On June 22, 1986, petitioner, as general partner of VIP, sent a written notice of default and demand for payment in full of the Grossman note to Mr. Grossman but not on the replacement note. On March 6, 1987, VIP filed a petition in the Oklahoma County (State of Oklahoma) District Court suing Mr. Grossman on the replacement note. On May 26, 1987, Mr. Grossman filed an amended answer alleging, inter alia, that he signed the replacement note to VIP “in his capacity as Trustee, not in a personal capacity, and, if obligated at all, can only be obligated in that capacity.” On May 28, 1987, VIP sent Mr. Grossman a request for admissions and interrogatories, and, in his answer, Mr. Grossman stated that he signed the replacement note only in his capacity as trustee for the “Oklahoma City Hotel Joint Venture” (the joint venture). The joint venture was composed of M&G Financial Corp., Inc. (M&G) and MBG Financial Corp., Inc. (MBG). On September 18, 1987, VIP filed an amended petition to join as codefendants M&GPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011