Fill and Sign the Mississippi Amended Complaint Form

IN THE CHANCERY COURT OF       COUNTY, MISSISSIPPI       , PLAINTIFF(S) vs. NO.             , DEFENDANT(S) AMENDED COMPLAINT       ,       and       Plaintiffs, by their attorneys, file this suit against       and would show as follows: 1. The Defendant is a Mississippi corporation which may be served with process of this Court by serving its agent for process,       ,       ,       ,             . The principal place of business of said Defendant is in       County, Mississippi. 2. The Plaintiffs are all adult resident citizens of Mississippi; and in       ,       ,       and       were all partners in one or more of       ,       and       ("the Partnerships"), all general partnerships which were engaged in the equipment leasing business. A schedule of each Plaintiff’s ownership in each partnership is attached as Exhibit       . During said time, Defendant,       , was the agent for the partnerships to collect equipment rentals and pay said rent to said Plaintiffs and did, in fact, collect large amounts of money for the benefit of the Partnership. 3. Defendant, when it collected the equipment rentals due to the Partnerships, held said funds as a constructive trustee for the Partnerships, and was under a duty to use said funds solely for the benefit of the Partnerships and not for its own personal benefit. 4. During the period from       ,       , through       ,       , Defendant had on hand the following amounts of Partnership funds:       /       /       $             /       /       $             /       /       $       5. Rather than investing said proceeds for the benefit of the partnership, the Defendant applied said rental income to its own corporate debts which during said period of time bore interest at the prime rate, which was an average rate of at least       percent. To allow the Defendant to retain the benefit of applying the funds it held as constructive trustee for the benefit of the Partnerships would constitute unjust enrichment. 6. In addition to its duty to use the proceeds solely for the benefit of the Plaintiffs, the Defendant has a duty to account to Plaintiffs for dates said funds were received. If Defendant fails or refuses to provide to Plaintiffs an accurate and detailed accounting of when said rental income was received, the Defendant should be required to account and pay to the Plaintiffs their proportionate share of the funds so applied for the benefit of the Defendant, based on an average balance for the 12 months from each year until the date they were actually disbursed to Plaintiffs. By applying the average interest rate to the average balance, the amount of each Plaintiff’s pro rata share in this sum would be as follows:       $             $             $             $             $       7. Said Partnerships have now been liquidated, and the Plaintiffs, as partners, are now, by operation of law, owners of their pro rata share of the partnership assets. Therefore, each of the Plaintiffs owns his pro rata share of the assets of each partnership, which assets include the claims against Defendant for interest on the partnership funds accruing while in the hands of the Defendant. Wherefore, Plaintiffs demand judgments against the Defendant as follows: a. That Defendant be ordered to account to the Plaintiffs for all of the funds received by the said Partnerships which were retained by said Partnerships and applied on the debt of Defendant and pay to each Plaintiff his pro rata share of the interest the Defendant saved by this wrongful use of the Partnership funds; or, in the alternative, b. That Defendant be ordered to pay to Plaintiffs the following:       c. Interest on the amount due, as provided by law. d. General relief. Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for