Legal Opinion

Monthofer Investment Ltd. Partnership v. Allen

Court of Appeals of Arizona

Decided January 28, 1997No. 1 CA-CV 93-0366PublishedCited by 5 opinions

1Opinion of the Court

OPINION

FIDEL, Judge.

In 1987, Wolfgang and Nancy Monthofer were co-trustees of the E.M.W. Family Trust, an entity which served as the sole general partner of another entity known as Monthofer Investments Limited Partnership (“MILP”). Mark Allen was the Monthofers’ attorney.

In August 1987, as part of a complex real estate transaction, Allen arranged for MILP to assume liability on a full-recourse promissory note (“the Note”) held by Goodbuck Investors Limited Partnership Number 3 (“Goodbuck”). In preparing the necessary documents, however, Allen mistakenly identified the Monthofers as general…

2Cases cited32 opinions

  1. Sparks v. Republic National Life InsuranceArizona Supreme Court · 1982
  2. Cosgrove v. GrimesTexas Supreme Court · 1989
  3. United Services Automobile Ass'n v. MorrisArizona Supreme Court · 1987
  4. Damron v. SledgeArizona Supreme Court · 1969
  5. State Farm Mutual Automobile Insurance v. PaynterCourt of Appeals of Arizona · 1979

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3Cited by5 opinions

  1. S Development Co. v. Pima Capital Management Co.Court of Appeals of Arizona · 2001
  2. Botma v. HuserCourt of Appeals of Arizona · 2002
  3. A Tumbling-T Ranches v. Flood Control DistrictCourt of Appeals of Arizona · 2008
  4. Picaso v. Tucson Unified School DistrictCourt of Appeals of Arizona · 2007
  5. S Development Co. v. Pima Capital Management Co.Court of Appeals of Arizona · 2001

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