First National Bank v. Diversified Truss, Inc.

Plaintiff brought this action against the corporate defendant (Truss) on two promissory notes and against the individual defendants on their agreements to guarantee the payment of the notes. Because Truss filed a petition in bankruptcy, the portion of this proceeding against Truss was continued by the trial court’s "decree” "until further order of this court.” Plaintiff then proceeded to trial against the individual defendants and obtained judgments against defendants Casper and David Schwarz.

While the trial court in its findings "found generally that defendant Diversified Truss, Inc., is…