National Metals Co. v. Sapir

HILL, Circuit Judge. This action was brought by appellant, National Metals Company, against appellees, Ben Sapir and Celia Sapir, his wife, and appellant, Material Processors Company, to rescind a guaranty of certain promissory notes and to recover the amount paid by reason of a second guaranty. Material Processors then crossclaimed against the Sapirs to reduce, by judgment or reformation, its liability to the Sapirs on the promissory notes involved. It also sought to prevent acceleration of one of the notes. The Sapirs then cross-claimed against Material Processors for rent paid and loans advanced. Sapirs also sought judgment against both National Metals and Material Processors upon the notes in question plus an attorney fee. Trial was had to the court and the Sapirs were given their requested affirmative judgment against both National Metals and Material Processors, both of which were denied any requested relief against the Sapirs. National Metals and Material Processors separately appealed, thus the two separately numbered appeals are involved.