· 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).
Sourced from CourtListener / Free Law Project (CC0).
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