Union Bank v. Swenson

BALLIF, District Judge:

On January 29, 1982, appellants Ronald and Margie Swenson executed a promissory note in favor of respondent Union Bank. Appellants signed the note “individually and personally.” Appellant Ronald Swen-son, as president of State Lumber, Inc., also signed the note for the lumber company. Upon default, respondent brought this action against State Lumber, Inc., and the Swensons individually and personally to recover on the note. The Swensons now contest personal liability.

Relying on the note as an integrated writing incorporating the entire agreement between the parties,…