Guarantor Liability

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

• Rosenberg v. Fisp Enters.
  725 So. 2d 1166· Fla. 4th DCA· 1998-12-16
  The court held that a creditor is barred by res judicata from suing on a guaranty released in a confirmed bankruptcy reorganization plan if the creditor had notice and failed to object.
• McARTHUR Dairy, Inc. v. Rodriguez
  717 So. 2d 67· Fla. 3d DCA· 1998-07-08
  McArthur Dairy obtained a final judgment against Fernando Rodriguez for unpaid goods. When Rodriguez's corporation filed Chapter 11 bankruptcy, a settlement agreement between Rodriguez and the Unsecured Creditors Committee included a general release in his favor. The trial court
• In re Corland Corp. v. Duke Salisbury
  967 F.2d 1069· 5th Cir.· 1992-08-12
  Payments made by a guarantor directly to a creditor are not property of the estate and cannot be avoided by the trustee under § 549, and a guarantor may offset such payments against a debt owed to the debtor.
• United Refrigeration, Inc. v. Evercool AIR Conditioning, Inc.
  593 So. 2d 1192· Fla. 3d DCA· 1992-02-18
  United Refrigeration sued Bruce Burrell, owner and president of Evercool Air Conditioning, claiming he personally guaranteed a corporate loan by signing a credit application with personal liability language. The trial court granted summary judgment for Burrell, finding he did not
• Fed. Deposit Ins. Corp. v. Associated Nursery Sys., Inc.
  948 F.2d 233· 6th Cir.· 1991-10-30
  A partial payment on a debt restarts the statute of limitations against a guarantor if the guaranty agreement is a broad, continuing guaranty that allows the creditor to release collateral without notice or consent.
• Sun Bank/Treasure Coast v. Goldman
  580 So. 2d 291· Fla. 4th DCA· 1991-05-22
  Sun Bank appealed a summary judgment that released personal guarantors from liability on a promissory note based on extensions granted to the corporate maker and the maker's recomposition into a different corporation. The court reversed, holding that the plain language of the gua
• In re Dillon Constr. Co., Inc. v. Dillon Constr. Co., Inc.
  922 F.2d 495· 8th Cir.· 1991-01-07
  The court held that the District Court did not err in adopting the Bankruptcy Court's recommendations, finding the Dillons liable on their personal guarantee despite Home Federal's alleged breach of a separate line of credit agreement.
• Springs Indus., Inc. v. Kris Knit, Inc.
  880 F.2d 1129· 9th Cir.· 1989-07-26
  A continuing guarantee agreement, which expressly requires written notice for termination and applies to future obligations and modifications, cannot be orally terminated or discharged by a material alteration in the underlying dealings between the original parties.
• Powell Mfg. Co., Inc. v. Allbritton
  513 So. 2d 1348· Fla. 1st DCA· 1987-10-15
  Powell Manufacturing sued Maria Allbritton on her personal guarantee of debts owed by her husband's tractor company. The trial court discharged her from liability when the business changed from a sole proprietorship to a partnership after the guarantee was executed. The appellate
• Marine Midland Bank, N.A. v. Morton Smith
  424 So. 2d 83· Fla. 4th DCA· 1982-12-15
  Marine Midland Bank sued guarantor Morton Smith to recover on a guarantee of Bernard Tedlis's loan after Tedlis defaulted and the parties settled the resulting judgment for reduced installment payments. The court held that Smith's guaranty obligation had not ripened because Tedli
• Citibank, N.A. v. Oxford Props. & Fin. Ltd.
  688 F.2d 1259· 9th Cir.· 1982-09-28
  The court vacated the district court's judgments, finding that the issues of fund misapplication and foreclosure validity were prematurely decided and should be determined after the rescission claim is fully resolved.
• In re Gessin v. Gessin
  668 F.2d 1105· 9th Cir.· 1982-02-26
  The court held that a creditor is entitled to pursue claims against all parties liable for a debt to the full extent of the amount owed, and a guarantor's liability is not reduced by dividends received by the creditor from the principal debtor's estate unless the estate's debt is
• Greenwell v. Bank OF Perrine
  344 So. 2d 623· Fla. 3d DCA· 1977-04-12
• Regal Ware, Inc. v. Fid. Corp. & Am. Foresight, Inc.
  550 F.2d 934· 4th Cir.· 1977-01-11
  The court held that Fidelity Corporation, by using its control over insolvent subsidiaries to divert assets and prefer creditors it had guaranteed, could be held liable for the debts of those subsidiaries to other creditors.
• Anderson v. Hoffman
  302 So. 2d 477· Fla. 3d DCA· 1974-10-29
  Affirmed judgment against guarantor who claimed his endorsement was conditional on another party's guarantee, where the condition was not communicated to the lenders and they relied on his absolute guarantee.
• United States v. Hastings Motor Truck Co.
  460 F.2d 1159· 8th Cir.· 1972-06-01
  The court held that the trial court's findings of novation were supported by substantial evidence and not based on an erroneous view of the law, thus affirming the dismissal of the deficiency judgment claim against the original obligors.
• In re Schraer v. G. A. C. Fin. Corp.
  408 F.2d 891· 6th Cir.· 1969-03-27
  A Wage Earner Plan provision, accepted by a creditor, agreeing not to collect from co-signers is valid and binding, even if it alters the creditor's rights against the co-signer.
• Standard Fin. Corp. v. Automatic Foods Corp.
  382 F.2d 1· 7th Cir.· 1967-08-09
  The court held that the voluntary dissolution and asset distribution by directors of an insolvent corporation, despite outstanding guaranties to a creditor, constituted fraudulent acts with malice, making the directors personally liable for the creditor's losses.
• Leeds v. Whitney Nat'l Bank of New Orleans
  374 F.2d 500· 5th Cir.· 1967-03-09
  The court held that the renewal of notes after the creditor learned of the guarantor's death did not release the guarantor's estate from liability on the continuing guaranty.
• Hicks v. Gibbs Corp.
  20 Fla. Supp. 79· Duval Cty. Cir. Ct.· 1962-06-19
  In this mortgage foreclosure case, the Duval County Circuit Court entered a final decree of foreclosure against Gibbs Corporation and its principal shareholder George W. Gibbs, Jr., and subsequently confirmed the judicial sale and awarded a substantial deficiency judgment. The co
• United States v. Cambridge Tr. Co.
  300 F.2d 76· 1st Cir.· 1962-03-06
  The appellate court affirmed a jury's wrongful death verdict, finding the award of $16,000.00 not grossly inadequate and that improper arguments by defense counsel did not warrant a new trial.
• McCOMB v. Quaker Oats Co.
  187 F.2d 422· 5th Cir.· 1951-02-13
  The court held that the defendant was not liable for the full amount of the account as owner, nor as a guarantor for all shipments, but was liable for one-half the invoice of one carload.
• Indian Lumber Co. v. Roux
  130 Fla. 830· Fla.· 1937-12-17
  In this third appeal, the Florida Supreme Court reversed a judgment for plaintiff Roux in a dispute over promissory note endorsements, holding that defendants Milam and Drake properly pleaded a defense based on Roux's misrepresentations (made through agent Kelley) that induced th
• Scheffel v. Mortg. Holding Corp. of Md.
  120 Fla. 200· Fla.· 1935-06-24
  This case concerns whether a foreign banking corporation, as an assignee of a mortgage, can declare a forfeiture for failing to provide receipts for payments made by check. The court held that the statute allowing forfeiture does not apply in this situation.
• Rull Bass and E. L. Lesley v. Luffer & Prather Garage
  81 Fla. 52· Fla.· 1921-01-14
  The Florida Supreme Court reversed a judgment against defendants in a promissory note case where material variances existed between the note attached to the declaration and the note introduced at trial, and where one defendant failed to file a plea before trial.