Husband’s agreement doesn’t preclude judgment against wife

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A company is allowed to sue both parties who executed a promissory note seeking recovery of owed funds because it will still only be entitled to one satisfaction on the debt, the Indiana Court of Appeals ruled Wednesday.

Lori Nicklas argued that Von Tobel Corp. should not have been granted summary judgment on its action seeking a judgment on a promissory note Nicklas and her husband, Shawn, signed in July 2009. The two did not pay off the note in full by the time it matured, so Von Tobel named both Shawn and Lori Nicklas as defendants, as the two were jointly and severally liable to Von Tobel under the note. Shawn Nicklas entered into an agreed judgment with Von Tobel for the full amount owed, plus interest and fees for a total of $34,696.89.

She argued the company was fully compensated through it settlement with her husband, and Von Toble was not entitled to any further recovery. A footnote points out at some point the couple separated and acted individually to defend against Von Tobel’s claim.

Lori Nicklas argued that granting summary judgment to Von Tobel effectively allows it to recover more than $73,000 from her and her husband on a debt with a principal balance of approximately $30,000.

After examining caselaw from as far back as 1872, the Court of Appeals concluded that an agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract.

The judges pointed out that Von Tobel will not be placed in a better position than before the breach of contract because the company is entitled still to only one satisfaction of the debt. The separate judgments against the Nicklases merely allows Von Tobel the opportunity to recover from one or both of them as contemplated by the express terms of the contract, the judges held in Lori Nicklas v. Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber; and Von Tobel Lumber Company, Inc., 64A03-1310-CC-429.  



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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL