Russ Lumber & Mill Co. v. People's Trust & Savings Bank

The plaintiff commenced an action against the defendants to recover a judgment for the reasonable value of building materials. The action was brought against the corporate defendant as the principal debtor and against the other defendants on their stockholders’ liability. The action was tried in the lower court before the court sitting without a jury; that court made findings in favor of the plaintiff and caused its judgment to be entered in accordance with those findings. The defendants have appealed.

The claim of the plaintiff was evidenced by seven different writings. In drawing its complaint the plaintiff alleged:

Later the trial court made a finding that all of the allegations contained in those paragraphs are true and each of said allegations is true. The papers referred to in the complaint were attached to it and are as follows:

Except as to the date and the amount, each of the other seven instruments was in the same form as the one last quoted.

It will be noted that the language of the complaint which alleges that the defendant corporation “guaranteed the payment” can be dropped and that the pleading will still be sufficient. Furthermore, the finding of the court was…