Horton v. Whitehill

Ray Horton, plaintiff, appeals and, Gina Whitehill, defendant, cross-appeals from a judgment 1 denying recovery on reciprocal claims of breach of fiduciary duty to Madison Agency, Inc., a corporation. On de novo review, we reverse.

Plaintiff and defendant began working together in 1987 and, in January, 1988, they incorporated as the Madison Agency, Inc. (Madison). They were the sole shareholders and directors of Madison. They were also both employees and officers of the corporation; defendant was president and plaintiff was secretary/treasurer.

In October, 1990, plaintiff informed defendant…