Ferguson Trenching Co. Inc. v. Kiehne
618 A.2d 735 | Court of Appeals of Maryland | 1993
Holding Summary
A corporate officer is personally liable under Maryland's construction trust statute only when the officer acts with intent to defraud; proof of fund diversion is prima facie evidence of intent to defraud but is rebuttable, not conclusive.
Proof of diversion of trust funds does not provide an irrebuttable presumption of intent to defraud.
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