Ross

This is an action on four continuing guaranties in favor of plaintiff Union Bank. Two of the guaranties were executed by defendants A1 Ross and Sheila Ross, and the remaining two guaranties were executed by defendants Irving Holender and Miriam Holender. The obligation giving rise to the claims were represented by a promissory note executed by Carnaby Street Fish & Chips, Inc. for $100,000. Judgment was entered against all defendants for $124,577.89 with taxable costs.

The Rosses counterclaimed against Union Bank for attorney fees, wrongful withholding of depository funds, breach of agreement to lend money, wrongful failure to satisfy the debt of the collateral, and conversion of stock pledged by the Rosses to secure the obligations of Carnaby to plaintiff. Plaintiff’s motion under section 631.8 of the Code of Civil Procedure was granted. Findings of fact and conclusions of law were filed.

The Rosses cross-complained against the Holenders for indemnity and judgment for the Rosses was-granted. The Rosses have appealed from the judgment against them and in favor of the bank; the Holenders have not appealed. We affirm the judgment appealed from, with a minor modification…