Lowery v. Dallis

Beasley, Presiding Judge.

To collect a judgment against Burke, appellee Dallis served a summons of garnishment on Unique Entertainment, Inc., the payor of a promissory note in favor of Burke. After determining that Unique is now defunct, Dallis dismissed that action and brought the present action naming as garnishees appellees Lowery and Wilson, who guaranteed payment of the note.

Burke sold certain business assets to Unique pursuant to an agreement which rendered him liable for all preexisting business liabilities. The purchase price was paid by way of Unique’s promissory note to Burke. Wilson…