- 44 - accrued, whereas Alice Berger continued to have her expenses paid through the Woodbine business account and increased her weekly draw payments to $1,000, receiving more than $50,000 after March 14, 1989. Alice Berger also received the entire proceeds of sale of Woodbine in the form of the Kunkowskis' installment note, and she has been receiving payments of interest and principal on the note in their entirety ever since. Alice Berger's assertion that she was merely an accommodation party is belied by the fact that, without consulting Howard Berger, who she asserts was the actual owner of Woodbine, she doubled her draw. She also did not transfer Woodbine directly to the Kunkowskis, as was required by the sale agreement and the settlement agreement. Instead, she entered into a relatively complicated transaction, transferring the business and property to the Woodbine Association in exchange for Certificates of Debt in the Woodbine Association, and then transferring the Certificates of Debt to Gregg and Julia Kunkowski in exchange for their promissory note. We don't believe that Alice Berger would have entered into such a complicated transaction if she were merely an accommodation party. Alice Berger was contractually bound to sell Woodbine to Gregg and Julia Kunkowski, but she had bound herself to sell it only if and to the extent it was awarded to her. Howard Berger would have been similarly bound if Woodbine had been awarded toPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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