American Express Inc. v. Melikyan
American Express Inc. v. Melikyan
Opinion of the Court
This is an action on open account brought by American Express Incorporated against Arman V. Melikyan. Melikyan applied for summary judgment, which was granted, plaintiff’s action being dismissed with prejudice.
The facts available to us from the pleadings are scant. American Express filed an action on open account, alleging that Melik-yan owed American Express the sum of $3,417.19. Defendant filed a motion for summary judgment not supported by affidavits. American Express filed an affidavit which alleged that Melikyan and Lent, Inc. held a credit account with American Express, and that Melikyan had signed “as individual applicant” a credit card application styled “American Express Card Application — Corporate Account” which contained the following language:
“The undersigned hereby requests that an account be opened for the undersigned and Card(s) issued as indicated herein renewed and replaced until the undersigned gives notice to cease and in connection therewith authorizes the receipt and exchange of credit information. The undersigned agree(s) to be bound by the terms and conditions that accompany each Card (original renewal) or replacement unless he cuts the Card in half and returns both halves. The individual applicant and the company will be liable for all charges incurred with the Card and all supplementary Cards issued on the account and each supplementary applicant will be liable for all charges incurred with the supplementary Card jointly and severally with the holder of the basic Card as provided in such terms and conditions.”
In brief filed with this court, Melikyan argues that he did not sign the credit application in his individual capacity, but as corporate president of Lent, Inc., and hence, under Solar Supply, Inc. v. Artic Air, Inc., 400 So.2d 924 (La.App. 1st Cir. 1981), Melik-yan is free from personal liability. Solar Supply involved a suretyship agreement signed by a corporate officer who gave his corporate title opposite his signature. We held that in order for a corporate officer to be held individually liable, his signature must be unqualified.
However, there is no affidavit by defendant in the pleadings indicating that Melik-yan signed the credit application in any
The judgment of the trial court is reversed, and the case remanded, all costs to await a final determination of the matter.
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.