Schrager v. North Community Bank

How courts have described this case

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

• recognizing that, although there is no fiduciary duty as a matter of law between a creditor and a guarantor, a fiduciary relationship may be found depending on the factual circumstances
• recognizing that, although there is no fiduciary duty as a matter of law between a creditor and a guarantor, a fiduciary relationship may be found depending on the factual circumstances
• “Failure to prove justifiable reliance is fatal to claims of fraudulent misrepresentation, negligent misrepresentation and fraudulent concealment of material fact.”
• triable issue of fact exists where there is a dispute as to a material fact or where reasonable minds might differ in drawing inferences from undisputed facts
• “[Justifiable reliance ... is a question of fact ... to be determined by the finder of fact and not by the trial court as a matter of law.”
• triable issue of fact exists where there is a dispute as to a material fact or where reasonable minds might differ in drawing inferences from undisputed facts

Source: CourtListener parenthetical corpus (CC0).