First National Bank v. Silberdick

Defendant appeals a judgment against him, after trial by court, in a suit to recover money under an unconditional guarantee. He contends that the court erred in rejecting his post-trial motion to amend the pleadings to conform to the evidence and to add an affirmative defense of estoppel. We affirm.

Defendant is a business consultant, whose profession it is to work out loans and financial arrangements for small, start-up, and troubled companies. His knowledge of financing is better than average. In order to induce plaintiff to extend credit to a privately held corporation of which he was a…