Opinion

Bellaire Securities Corp. v. Brown

  • 124 Fla. 47
  • 168 So. 625
Court
Supreme Court of Florida
Filed
Feb 20, 1936
Status
Published
On the bench
Brown, Buford, Davis, Ellis, Terrell, Whitfield
Cited by
35 cases

“the law is well settled that the organization of a corporation for the purpose of evading an existing personal liability on the part of those who become its stockholders will not be allowed to achieve that purpose, for in such case the courts will ‘pierce the veil of the corporation fiction’ and hold the stockholders ... to their personal liability....”

How later courts described this case

  • “the law is well settled that the organization of a corporation for the purpose of evading an existing personal liability on the part of those who become its stockholders will not be allowed to achieve that purpose, for in such case the courts will ‘pierce the veil of the corporation fiction’ and hold the stockholders ... to their personal liability....”
  • "A party may waive any right to which he is legally entitled, whether secured by contract, conferred by statute, or guaranteed by the Constitution."
  • “[T]he authority of an agent cannot be 'established merely by proof of its own declarations made to a third party, in the absence of the principal.”

Written by the judges who cited it.

The opinion

The opinion and judgment of reversal heretofore rendered in the above entitled cause is adhered to and confirmed on rehearing.

WHITFIELD, C.J., and ELLIS, TERRELL, BROWN and DAVIS, J.J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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