- 73 - Of singular importance, we disagree with respondent’s contention that the funds in the ANB accounts were used to satisfy petitioner’s personal liability to Northwest. We do not believe that respondent, who has the burden of proof, has shown by a preponderance of the evidence that the ANB funds were used to satisfy petitioner’s, as opposed to his corporations’, liabilities to the airline. Northwest’s complaint was filed, and the TRO obtained, against petitioner and his corporations. Northwest at all times pursued its complaint against the foregoing defendants44 and likewise entered the settlement agreement with both petitioner and his corporations. The corporations, not petitioner, had operated as consolidators for Northwest; i.e., Northwest’s ticket stock had been provided to and sold by the corporations. Thus, petitioner’s corporations were primarily liable to Northwest for the ticket stock or the proceeds from its sale. In our view, this is why Northwest, in addition to filing suit against both petitioner and his corporations, also had sought petitioner’s personal guaranty of his corporations’ indebtedness to Northwest, refused to surrender the Guaranty, and based one count of the complaint on it. 44 Default judgments were entered against NY NA Tours, CA NA Tours, and SF NA Tours, but petitioner’s other corporations remained defendants until settlement.Page: Previous 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Next
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