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ELECTRONICALLY FILED
3/15/2016 4:23 PM
41-CV-2016-900080.00
CIRCUIT COURT OF
LAUDERDALE COUNTY, ALABAMA
MISSY HOMAN, CLERK
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Plaintiff, Allan Neill, is over the age of nineteen (19) years and is located at 490
with its principal place of business 412 South Court St, Florence, Lauderdale County, Alabama.
3.
Defendant, Byran Robinson, an individual, is over the age of nineteen (19) years
On or about October 19, 2015, Defendants sole member, Bryan Robinson, acting
with full authority to bind the Company, executed and delivered to Plaintiff a Promissory Note,
which is attached hereto as Exhibit A.
5.
By the terms of said Note, Defendant promised to pay to Plaintiff the sum of
$275,000.00, on October 27, 2015, some EIGHT (8) days after the execution of the note.
COUNT I
BREACH OF CONTRACT
DEFENDANT PGC ENTERTAINMENT, LLC
6.
Plaintiffs re-aver and re-allege paragraphs 1 through 5 as if stated fully herein and
Defendant Company has failed to pay the amount due to the Plaintiff or any
DOCUMENT 2
Plaintiffs re-aver and re-allege paragraphs 1 through 7 as if stated fully herein and
formalities and procedures in an attempt to use the corporation as the alter ego of himself as an
individual, using the corporation as simply and instrumentality of the Defendant Robinson, and
is hence personally liable for all transactions and obligations of the company. See Chenault v.
Jamison, 578 So.2d 1059, 1061 (Ala. 1991) (citing Forester & Jerue, Inc. v. Daniels, 409 So.2d
830 (Ala. 1982) and Culp v. Economy Mobile Homes, Inc., 895 So.2d 857-60 (Ala. 2004).
10.
corporate entity, and hence Defendant Robinson is personally liable for all transactions and
obligations of the company. See Southern Sash Sales & Supply Co. v. Wiley, 631 So.2d 968, 970
(Ala. 1994).
11.
There is no evidence that Defendant Robinson invested the borrowed monies for
its intended purposes during the intervening EIGHT (8) days term of the note, or had a planned
methodology for repayment of said monies during said time frame creating a fraudulent purpose
as the inducement to borrow said funds, hence Defendant Robinson is personally liable for all
transactions and obligations of the company. See M & M Wholesale Florist v. Emmons, 600
So.2d 998, 999.
12.
There is no evidence that the Defendant Company has any assets or equity in any
form and therefore justice and equity demand that Defendant Robinson be held personally liable
for all transactions and obligations of the company.
Defendant Robinson has failed to pay the amount due to the Plaintiff or any
DOCUMENT 2
That this Honorable Court take jurisdiction over this matter, that it set a
date for hearing, and issue all notices necessary to accomplish the same;
B.
the note in the amount of $10,541.48, plus reasonable attorneys fees as a result of
Defendants default on the terms of said Note, and all costs of litigation and court costs;
and
C.
Plaintiff prays for such other, further and different relief, including general