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Monthly Archives: December 2014

Venue for Trust Disputes

In Missouri, “venue” refers to the county in which a lawsuit should be filed. Venue is determined solely by statute and depends on the type of claims being brought in a lawsuit. Sometimes more than one county can be a proper venue. For cases under the Missouri Uniform Trust Code — e.g., breach of trust […]

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Contract Ratification

Only a party to a contract is bound by the contract’s terms and conditions; therefore, non-parties cannot be held liable for breach of contract. Kahn v. Prahl, 414 S.W.2d 269, 278 (Mo. 1967); Landstar Investments II, Inc. v. Spears, 257 S.W.3d 630, 632 (Mo. Ct. App. 2008) (“a contract generally binds no one but the parties thereto, […]

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Limited Liability Companies & Charging Orders

You have a judgment against an individual who is a member/owner of a limited liability company. Now what? If certain conditions are met, you may be able to obtain a charging order to access the member’s distributions from the LLC. A charging order is a post-judgment remedy that allows the judgment creditor of a debtor-member […]

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Contract/Document Incorporation by Reference, Interpretation

The general rule regarding contract interpretation is to ascertain the intent of the parties’ from the language used in the contract. Contracts are typically construed as a whole. This can be complicated when a contract incorporates collateral documents/exhibits. An instrument may incorporate the whole or any part of another instrument by reference. Wilson Mfg. Co. v. […]

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