FIDELITY BANK & TRUST CO. v. FITZIMONS

No. 47259.

261 N.W.2d 586 (1977)

FIDELITY BANK AND TRUST COMPANY, Appellant, v. John R. FITZIMONS, Respondent.

Supreme Court of Minnesota.

November 18, 1977.


Attorney(s) appearing for the Case

Carlsen, Greiner & Law and Thomas K. Berg, Minneapolis, for appellant.

Zimmerman & Bix and Milton H. Bix, Minneapolis, for respondent.

Heard before SHERAN, C. J., and PETERSON and YETKA, JJ., and considered and decided by the court en banc.


YETKA, Justice.

Appeal from an order of the Hennepin County District Court denying plaintiff's alternative motion for amended and supplemental findings of fact, conclusions of law and order for judgment, or a new trial. Plaintiff sought recovery on a guaranty contract signed by defendant. The trial court sitting without a jury held that defendant was not liable on the contract because plaintiff failed to prove the primary obligation on which the guaranty depended...

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