Johnson v. Fotie

STOCKARD, Commissioner.

Plaintiffs, Fred F. Johnson and Selecti-vend Corporation, have appealed from an adverse judgment in their suit in the nature of a creditors’ bill.

Plaintiffs went to trial on their third amended petition (the prior petitions are not in the record) which is in one count and in which they alleged that they loaned substantial sums of money to the Rex Welder and Engineering Company (hereafter referred to as “Rex Welder”), in reliance upon written guaranty agreements executed by Joseph A. Fotie and Nadina V. Fotie, his wife; that Joseph A. Fotie is now deceased and Rex Welder…