Stern Fixture Co. v. Layton

STEPHAN, Presiding Judge.

Joseph I. Layton and Crystal Tree, Inc., defendant makers of a promissory note, appeal from a judgment for Stern Fixture Company, plaintiff holder, in this suit for default on the note. Stern Fixture Company moves to dismiss the appeal, requests damages for frivolous appeal, and cross-appeals. The pertinent facts are these:

Stern Fixture Company sold Crystal Tree, Inc. restaurant fixtures and equipment on open account, but later came to question Crystal Tree’s ability or willingness to pay. To reassure Stem Fixture, Crystal Tree and its president, Joseph I. Layton,…