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· 10/29/1943

Gilsey v. Francis

Citations

  • 266 A.D. 961
  • 44 N.Y.S.2d 815
  • 1943 N.Y. App. Div. LEXIS 5481

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that change in parties’ relationship did not terminate guarantee contract, which provided that it “shall remain in full force and effective irrespective of any interruptions in . . . business relations” but could be terminated via writing
  • “the undersigned hereby guarantees, absolutely and unconditionally, to the Bank the payment of all liabilities of the Borrower to the Bank of whatever nature, whether now existing or hereafter incurred”
  • expressly indicating that an instrument “is a continuing guarantee” sufficiently reflects an intent to cover post-executed obligations and “is not limited to the life of the loans executed contemporaneously therewith.”
  • defense of lack of further consideration and cessation of underlying business relationship
  • defense of lack of further consideration and cessation of underlying business relationship
  • continuing guaranty is not limited to loans executed contemporaneously

Source: CourtListener parenthetical corpus (CC0).

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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.