Former bailiff says $60k was a gift, not a loan, in breach suit

Steve Gonzalez Apr. 30, 2008, 4:23pm

Charles Taylor

Former Madison County Bailiff Charles "Rod" Taylor responded to a breach of contract suit alleging he failed to repay a $60,000 loan to John Michael Potter by claiming the money was a gift.

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.

But according to court documents associated with Taylor's recent 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 a motion to sever Charles Taylor from his wife, because the claims against Charles Taylor are stayed because of his bankruptcy, but his wife did not file for bankruptcy.

Madison County Circuit Judge Andy Matoesian scheduled a hearing on the case at 9 a.m. on May 9.

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