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Judge severs husband from wife in breach suit
5/29/2008 9:15 AM
 | | Charles "Rod" Taylor |
Madison County Circuit Judge Andy Matoesian granted John Michael Potter's motion to sever former Madison County bailiff Charles "Rod" Taylor from his wife in a breach of contract lawsuit.
Potter asked for motion because Rod Taylor filed bankruptcy shortly after the suit was filed.
Matoesian's order entered May 21 states that the claim against Rod Taylor is stayed, but the claim against his wife is to proceed through discovery and trial.
Potter filed suit against Taylor and his wife Shari Ann Taylor alleging they borrowed $60,000 on Aug. 30, 2007, and orally agreed to repay the loan amount together with interest which would be compounded annually.
Taylor responded to the suit claiming the $60,000 was a gift, not a loan.
But according to court documents associated with Taylor's bankruptcy filing, John Michael Potter is listed as a debtor for a $60,000 personal loan.
According to Potter's lawsuit, the Taylors agreed to sign a promissory note memorializing the agreement, and further agreed that Rod Taylor would execute a will which would direct his executor to pay off the loan if he died before the debt was paid.
Potter also claims that the Taylors agreed that should they ever sell their home, they would pay off the loan in full at the time of the sale.
Also in his answer, Taylor claims that even if the court finds that a contract existed, the contract is unenforceable for lack of consideration.
Represented by John Webster of Alton, Taylor also claims Potter fails to state a cause of action against him and his wife.
Taylor filed a voluntary Chapter 7 petition in U.S. Bankruptcy Court in East St. Louis on March 27. He filed his answer to the lawsuit on March 28.
Potter's lawyer, Ed Unsell of East Alton, filed the motion to sever because the claims against Charles Taylor are stayed due to his bankruptcy filing, but his wife did not file for bankruptcy.
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