Absolute And Unconditional Guaranty

12 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Bedford Jones v. McConnon & Co.
  100 Fla. 1158· Fla.· 1930-11-07 ·cited 39×
  Bedford Jones executed an absolute and unconditional guaranty contract guaranteeing payment of goods sold to J.E. Ford by McConnon & Company. Jones challenged the guaranty on grounds that the stated consideration of $1.00 was never paid and that the guaranty had not been accepted
• Annegret von Dunser v. Se. First Nat'l Bank OF Miami
  367 So. 2d 1094· Fla. 3d DCA· 1979-02-27 ·cited 28×
  Annegret von Dunser guaranteed two promissory notes executed by her estranged husband. When the bank sued both parties, von Dunser challenged the summary judgment on grounds that the guaranty lacked consideration and that the bank impaired collateral without her consent. The cour
• First Nat'l Park Bank v. Snellen M. Johnson and Ven Savage
  553 F.2d 599· 9th Cir.· 1977-04-07 ·cited 20×
  The court held that guarantors waived their right to notice of collateral sale by signing an unconditional guaranty agreement, and that the bank's claim for deficiency was not barred.
• Chris Craft Indus., Inc. v. VAN Valkenberg
  267 So. 2d 642· Fla.· 1972-09-20 ·cited 20×
  Chris Craft Industries sought to enforce a personal guaranty executed by William F. Van Valkenberg for a promissory note. The District Court of Appeal reversed the trial court's grant of summary judgment on the ground that the trial judge improperly struck defendant's affirmative
• JOE Heaston Tractor & Implement Co. v. Sec. Acceptance Corp.
  243 F.2d 196· 10th Cir.· 1957-04-05 ·cited 18×
  The court held that the guaranty agreement was absolute and unconditional, and the Finance Company's failure to file chattel mortgages did not release the Guarantor.
• A & T Motors, Inc. v. Roemelmeyer
  158 So. 2d 567· Fla. 3d DCA· 1963-12-10 ·cited 16×
  A & T Motors financed automobile inventory through Interstate Acceptance Corp. using floor-plan loans secured by vehicle titles. When the company's president issued worthless checks to obtain the titles back, Interstate sued A & T and its secretary Alvin Savage, who had signed an
• United States v. Vahlco Corp.
  800 F.2d 462· 5th Cir.· 1986-09-19 ·cited 15×
  An "absolute and unconditional" guaranty under Texas law does not preclude the guarantor from asserting suretyship defenses based on alterations to the underlying debt, unless there is an express waiver.
• Black v. O'Haver
  567 F.2d 361· 10th Cir.· 1977-11-23 ·cited 8×
  The court held that O'Haver was liable as a managing officer for lienable claims and that the O'Havers, as guarantors, remained liable despite amendments and statutory satisfaction of mortgage debts.
• Regan v. U.S. Small Bus. Admin.
  926 F.2d 1078· 11th Cir.· 1991-03-15 ·cited 6×
  The Regans remain liable under the SBA guaranty because they unconditionally guaranteed repayment, waiving defenses, and the Georgia confirmation statute does not apply to separate debts.
• Gritz Harvestore, Inc. v. A.O. Smith Harvestore Prods., Inc.
  769 F.2d 1225· 7th Cir.· 1985-08-05 ·cited 2×
  A personal guaranty for a dealership's debts is limited to debts incurred during the dealership's existence and does not cover debts incurred after termination, even if the guaranty is absolute and unconditional.
• Shir Bensusan v. Design Eng'g Grp., LLC
  Fla. 4th DCA· 2025-12-03
  An unconditional and absolute guaranty in unambiguous terms makes the guarantor liable immediately upon the principal's default, without requiring the creditor to first pursue the principal. The guarantor is entitled to statutory pre-judgment and post-judgment interest, but not t
• Branch Banking & Tr. Co. v. Hamilton Greens, LLC
  1991 WL 42118· S.D. Fla.· 2013-04-29
  Summary judgment is granted for the plaintiff because the defendant's affirmative defenses of waiver, estoppel, and failure to mitigate are invalid as a matter of law due to the clear and unconditional terms of the guaranty agreement.