Schaffer v. First Merit Bank, N.A.

{¶ 1} Donald and Barbara Schaffer appeal the judgment of the Lorain County Court of Common Pleas. FirstMerit Bank, N.A., appeals the same judgment. This court affirms in part and reverses in part.

*175I

{¶ 2} Mr. Schaffer owned and operated Grafton Janitorial Service, Inc. (“GJS”). On October 6, 1998, Mr. Schaffer obtained a $25,000 line of credit for his company from the bank by executing a promissory note, which he signed both as “Donald J. Schaffer, President” and “Donald J. Schaffer, Cosigner.” The note contains no guarantee provision, and Mr. Schaffer did not sign the note in the capacity as a…