Gigliotti v. Gigliotti

In this action the plaintiff seeks contribution from the defendant, his former wife, for payment of a note on which both were accommodation makers. The trial court held that, as between the plaintiff and the defendant, the defendant was not liable because her status was that of a surety for a surety. We agree with the lower court's decision.

At the outset we note certain procedural deficiencies. The plaintiff assigns error both in the court's failure to include specified paragraphs of his draft finding which he claims are undisputed, and in the court's finding of certain facts without…