Cass Bank & Trust Co. v. Mestman

GRIMM, Chief Judge.

Cass Bank brought this action against defendants on a promissory note and guaranty agreements. Some defendants then filed a third party action. This appeal concerns only the third party action. For ease of reading, we refer to third party plaintiffs as plaintiffs and to third party defendants as defendants.

Plaintiffs sought indemnification from defendants for amounts owed on the bank note. Defendants pled the defenses of fraud and lack of consideration. The trial court granted plaintiffs’ motion in limine to exclude certain evidence.

The parties then submitted the matter on…