AMSCO, INC. v. FOZE


8 Mass. App. Ct. 796 (1979)

397 N.E.2d 1146

AMSCO, INC. vs. RUDOLPH FOZE.

Appeals Court of Massachusetts, Hampden.

December 14, 1979.


Attorney(s) appearing for the Case

John F. Wagner for the defendant.

Michael G. West, for the plaintiff, submitted a brief.

Present: ARMSTRONG, ROSE, & KASS, JJ.


KASS, J.

These cross appeals raise as a primary question the scope of an individual's guaranty of corporate trade debts after he has ceased active participation in the corporate enterprise. A secondary question concerns the appropriate order in which funds are to be applied to the reduction of corporate debt.

For many years, while Rudolph Foze was its sole stockholder and president, Lawrence Heating, Inc....

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