Fidelity Bank & Trust Co. v. Fitzimons

YETKA, Justice.

Appeal from an order of the Hennepin County District Court denying plaintiff’s alternative motion for amended and supplemental findings of fact, conclusions of law and order for judgment, or a new trial. Plaintiff sought recovery on a guaranty contract signed by defendant. The trial court sitting without a jury held that defendant was not liable on the contract because plaintiff failed to prove the primary obligation on which the guaranty depended. We reverse.

The trial evidence consisted of the testimony of one witness, David M. Gilman, plaintiff’s executive vice president, and…