Manufacturers Hanover Trust Company v. Nicholas Yanakas, Charles Buonincontri and Camille Buonincontri

How courts have described this case

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

• holding that there was no fiduciary relationship where lender did not control “the assets or operations” of the borrower or “otherwise exercised powers beyond those of a typical lender-creditor”
• noting that a determination of 8 the weight of evidence “lies largely within the discretion of 9 the [agency]” (internal quotation marks and alteration 10 omitted)
• noting that the “form was one that [the bank] apparently used routinely” and that “there was no evidence that the scope or character of the Guarantee was the product of any negotiations between the parties”
• explaining that this fact distinguished the Yanakas guarantee from the guaranty in Plapinger
• finding the disclaimer insufficient in part because it contained “no blanket disclaimer of the type found in Plapinger as to ‘any other circumstance which might otherwise constitute a defense’ to the Guarantee”
• finding the disclaimer insufficient in part because it contained “no blanket disclaimer of the type found in Plapinger as to ‘any other circumstance which might otherwise constitute a defense’ to the Guarantee”

Source: CourtListener parenthetical corpus (CC0).