Sunbird Aviation, Inc. v. Anderson

651 P.2d 622, 200 Mont. 438, 1982 Mont. LEXIS 944
CourtMontana Supreme Court
DecidedSeptember 28, 1982
Docket81-526
StatusPublished
Cited by11 cases

This text of 651 P.2d 622 (Sunbird Aviation, Inc. v. Anderson) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sunbird Aviation, Inc. v. Anderson, 651 P.2d 622, 200 Mont. 438, 1982 Mont. LEXIS 944 (Mo. 1982).

Opinions

MR. JUSTICE SHEEHY

delivered the opinion of the Court.

Appeal by defendant Rod Anderson from a judgment against him in the District Court, Eighteenth Judicial District, Gallatin County. He was ordered to pay plaintiff Sun-bird Aviation, Inc. $1,297.89, plus interest, attorney fees, and $3,892.22 on an accounting arising from the co-ownership of an airplane. We affirm the District Court.

Sunbird Aviation, Inc., is a Montana corporation which provides a general aviation service. Rod Anderson is a real estate agent and an experienced pilot.

On December 7, 1978, the parties and one Stanley Langaker entered into a written agreement for co-ownership of a 1977 Piper Seneca II airplane. The purchase of the plane was financed at the First Security Bank of Billings by a first mortgage of $75,000 principal, with monthly payments of $1,486.43.

Under the co-ownership agreement one-half of the aircraft was owned by Sunbird and one-half by Rod Anderson and Stanley Langaker. Insurance premiums, taxes and routine maintenance were to be paid 70 percent by the corporate owner and 30 percent by the individual owners. The expense of engine overhauls and major component expenses were to be paid 50 percent by the corporate owner, and 50 percent by the individual owners. All parties to the agreement had the right to use the Seneca at a cost for each hour of usage of $45. Sunbird kept the accounts for the co-ownership, and would collect the amounts due from the individ-

. [441]*441ual owners as the expenses or debts were incurred.

On February 4, 1980, Anderson was delinquent in his payments to the co-ownership in the sum of $1,297.89. He executed a promissory note to Sunbird for that amount providing for semi-annual interest at 16 percent and reasonable attorney fees.

On May 16, 1980, Langaker owed the co-ownership a balance of $17,000 on his acount in settlement of which he transferred his interest in the plane to Sunbird. After that date, Sunbird owned 75% and Anderson 25% of the aircraft.

When it was determined that the Seneca would not meet FFA standards unless engine repair was carried out, on July 29, 1980, Sunbird purchased and had installed two rebuilt engines at a cost of $23,166.41.

In early 1980, the parties decided to sell the plane at a price sufficient to satisfy the balance owing on the first mortgage. At a time when the parties believed the plane would be sold to Dutton Aviation, Anderson executed a blank bill of sale and delivered it to Sunbird to be used in the sale to Dutton. However, the sale to Dutton did not occur. Anderson’s blank bill of sale remained with the officers of Sunbird who used it in the sale of the plane on October 30, 1980 to one Tucker of Bremerton, Washington. Tucker’s consideration for the Seneca consisted of $65,000 in cash to Sunbird, and the transfer of title to another airplane, which was later sold by Sunbird for $19,000. These monies were credited to the Anderson and Sunbird accounts after the security interest at First Security Bank of Billings was satisfied.

During the entire period of co-ownership, Sunbird maintained and provided Anderson an accounting of all transactions. The record shows and the District Court found that Sunbird flew the Seneca 515 hours, and that Anderson and Langaker flew it 150.1 hours. Maintenance hours totaled 15.1 hours. During this period, expenses for maintenance, insurance, mortgage payments and taxes totaled $51,298.65. [442]*442The accounts of Anderson and Langaker were debited $15,237.27. In addition, Anderson’s account was debited $5,791.60 for the rebuilt engines. As of October 30, 1980, Anderson owed Sunbird $11,336.49. Of the $84,000 realized in the sale of the Seneca, $59,414.47 was paid to satisfy the first mortgage. Of the remaining $24,585.53, $18,439.15 was credited to Sunbird and $6,146.38 to Anderson. This credit left a balance of $5,190.11 owing by Anderson to Sunbird, less the unpaid principal balance on the promissory note of $1,297.89. Therefore Anderson owed a further $3,892.22 under the co-ownership agreement.

On April 7, 1980, Sunbird instituted an action against Anderson on the promissory note demanding full payment plus interest and attorney fees. Anderson filed an answer generally denying Sunbird’s complaint and included a third-party complaint against Langaker and Sunbird seeking partition of the aircraft, or a sale of the aircraft and a division of the proceeds.

On December 12, 1980, Sunbird filed an answer and complaint demanding an additional $4,490.11 owing from Anderson with interest and costs. On February 4, 1981, Anderson filed a complaint against Sunbird, in a separate action, for damages alleged to have resulted from the sale of, the plane. On May 14, 1981, the cases were consolidated. The consolidated cases were tried to the District Court on July 29, 1981, and thereafter the District Court concluded that Anderson owed Sunbird $3,892.22 under the co-ownership agreement, and $1,297.89 plus interest on the promissory note. After a hearing on the issue of attorneys fees, the District Court granted Sunbird $2,325 for the prosecution of the collection action on the note.

On September 24, 1981, the District Court entered judgment against Anderson and in favor of Sunbird for $3,892.22 on the account, $1,297.89 on the note, plus 16 percent interest thereon, attorneys fees of $2,325, and costs of $45.74, together with interest on the judgment at 10 percent per annum.

[443]*443Anderson filed his notice of appeal on October 21, 1981.

The issues presented by Anderson are:

1. Whether the District Court erred in finding Anderson owed Sunbird $1,297.89 on the promissory note, and $3,892.22 on the account.

(a) Did the District Court’s consideration of the co-ownership as a joint venture in any way prejudice appellant Anderson?

(b) Did Sunbird’s written letter to Anderson that he had no interest in the plane received in trade constitute a release from further obligation?

(c) Did the release of Longaker release Anderson from further obligation to Sunbird?

There is little doubt that Anderson owed Sunbird on the promissory note. He delivered a promissory note to Sunbird in recognition of his account balance. The note provided for attorneys fees and interest at 16 percent. This Court follows the rule that a party primarily liable on a negotiable promissory instrument is indebted in that amount to the payee. John K. Etc. Benev. Corp. v. School District No. 17-H (1935), 99 Mont. 388, 43 P.2d 902. Therefore, Sunbird is entitled to collection of the debt owed by Anderson on the promissory note and the incidental benefits provided therein of interest and attorney fees.

We look to the other issues raised by Anderson to determine whether the judgment for the amount of the account, $3,892.22 is proper.

First Anderson claims that the District Court’s consideration of the co-ownership agreement as a joint venture prejudiced him.

Sunbird answers that there was no specific findings by the District Court on the issue of joint venture. The Court mentioned joint venture in its memorandum but Sunbird contends that this does not affect the outcome of the case.

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Cite This Page — Counsel Stack

Bluebook (online)
651 P.2d 622, 200 Mont. 438, 1982 Mont. LEXIS 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sunbird-aviation-inc-v-anderson-mont-1982.