Ellison v. Parts Distributors, Inc.

Shaw, Judge:

Respondent, Gene R. Ellison, as Trustee, sued for payment on a promissory note issued by appellant, Parts Distributors, Inc., and guaranteed by appellant, Marion T. Burnside, Jr. Following a jury verdict in favor of Ellison, Parts Distributors and Burnside appeal alleging various errors by the trial judge. We reverse and remand.

The record before us reveals that Burnside borrowed money on behalf of Parts Distributors through Ellison, who was trustee for an undisclosed lender. The principal sum borrowed under the note was $18,915.75. Burnside made a substantial payment in November…