American Guaranty Corp. v. Stoody

Plaintiff brought an action for breach of a guaranty contract allegedly executed by defendant Stoody (and by other parties not involved in this appeal). Plaintiff’s complaint alleged that the contract in question guaranteed the faithful performance of rental payment obligations incurred by the lessee to the lessor under a number of equipment lease contracts. The complaint further alleged that the plaintiff is the assignee of the lessor under both the lease and the guaranty contracts.

After filing its complaint plaintiff secured the issuance of a writ of attachment, in the approximate amount of…