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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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