Michigan Court of Appeals· 10/21/2010
Comerica Bank v. Cohen
Citations
- 291 Mich. App. 40
- 805 N.W.2d 544
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the unconditional nature of defendant’s guaranty obligation was evident from the reading of the parties’ agreement as a whole
- stating that a guaranty is construed like any other contract
- holding, with regard to a guaranty agreement that included terms similar to those in this case, that “[t]he plain language of the limited guarant[y] forecloses defendant’s arguments” that the plaintiff was required to foreclose on the collateral before collecting on the guaranty
- stating that a guaranty is like any other contract
- plaintiffs can proceed against the collateral and seek to enforce a guaranty at the same time, but only “so long as plaintiff is not awarded double recovery” (quoting Jim-Bob, Inc. v. Mehling, 443 N.W.2d 451, 461 (Mich. Ct. App. 1989))
Source: CourtListener parenthetical corpus (CC0).
Judges: Donofrio, Kelly, Murray
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.