Addy v. Myers

VANDE WALLE, Chief Justice.

[¶ 1] Boyd Addy and Tom Hutchens appealed from a judgment dismissing their action against Guy and Nancy Myers. We hold the trial court did not clearly err in finding Nancy Myers did not intend to assume personal liability for the debt of the M.A.H.D. Group, L.L.C., a limited liability company. We affirm.

I

[¶ 2] In June 1995, the M.A.H.D. Group was formed under N.D.C.C. ch. 10-32 to establish a restaurant in Bismarck named Ed Foo Yungs. The named owners of the *361M.A.H.D. Group were Tom Hutchens, Nancy Myers, Great Plains Marketing, Inc., and R.M.C., P.C. Pension Fund.…