Bream v. Benscoter

EISMANN, Justice.

This is an action to recover on an alleged guaranty in a promissory note. The district court held that the promissory note was ambiguous on its face regarding whether Ada Benscoter signed as a witness or a guarantor, and, after considering parol evidence, it found that she signed the note as a witness. It therefore entered a judgment dismissing the complaint. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

In April or May 1996, the plaintiff-appellant David Bream loaned Art King $50,000 to purchase and operate a business which became known as…