Commonwealth Capital Investment Corp. v. McElmurry

On June 24, 1975, plaintiff filed a three-count complaint against defendants. Count I averred that The Inn Group, Inc., defaulted on a promissory note, loan agreement, and mortgage. Count II sought judgment against Howard Hemminger, William Sterling, and defendant-appellant Leland McElmurry as guarantors of The Inn Group, Inc., note. Count III sought judgment against MHS Enterprises, a Michigan copartnership (hereinafter MHS), and its general partners, including McElmurry, based upon a partnership guarantee of The Inn Group’s performance.

On August 5, 1975, a default was taken against MHS. On…