Wiesner v. Bbd Partnership

This is an appeal from a judgment entered after a non-jury trial in the Thirteenth Judicial District, Yellowstone County, the Honorable Robert W. Holmstrom presiding. The District Court found the parties to be joint venturers and denied appellants’ claim for usury penalties. We affirm.

The dispositive issues on appeal are:

1. Did the District Court err in finding that the parties were involved in a joint venture?

2. Should the District Court have applied usury laws to this “transaction” whether or not it was a joint venture?

Appellants Frank Hartman, Jr. (Hartman) and Robert Wiesner (Wiesner)…