Sundseth v. Roadmaster Body Corp.

This is an appeal from orders striking portions of affirmative defenses in defendants’ answer and sustaining demurrers to certain counterclaims made in response to plaintiffs’ complaint.

The principal questions are:

First, are the individual defendants L. B. Miller and Richard C. Entwistle principal obligors on the note or merely guarantors. The trial court found the individual defendants to be guarantors.

Second, can an individual guarantor of a corporate indebtedness interpose the defense of usury when the principal obligor cannot? The court held the defense not available to individual…