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Continental Bank & Trust Co. v. Chemical Bank & Trust Co.

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1943
266 App. Div. 838 (N.Y. App. Div. 1943)

Summary

In Continental Bank & Trust Co. v Chemical Bank & Trust Co. (51 NYS2d 903, affd 268 App Div 858, rearg denied 268 App Div 965), the Court was faced with the death of a guarantor of a mortgage and a contractual provision in the guaranty that if the mortgagor defaulted, the guarantor could be sued without first requiring the mortgagee to foreclose on its collateral.

Summary of this case from Matter of Griffith

Opinion

June 22, 1943.

Present — Martin, P.J., Townley, Untermyer, Cohn and Callahan, JJ.; Callahan, J., dissents and votes to modify by granting summary judgment for the defendants.


Order affirmed, without costs. No opinion.


Summaries of

Continental Bank & Trust Co. v. Chemical Bank & Trust Co.

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1943
266 App. Div. 838 (N.Y. App. Div. 1943)

In Continental Bank & Trust Co. v Chemical Bank & Trust Co. (51 NYS2d 903, affd 268 App Div 858, rearg denied 268 App Div 965), the Court was faced with the death of a guarantor of a mortgage and a contractual provision in the guaranty that if the mortgagor defaulted, the guarantor could be sued without first requiring the mortgagee to foreclose on its collateral.

Summary of this case from Matter of Griffith
Case details for

Continental Bank & Trust Co. v. Chemical Bank & Trust Co.

Case Details

Full title:CONTINENTAL BANK TRUST COMPANY OF NEW YORK, as Trustee…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 22, 1943

Citations

266 App. Div. 838 (N.Y. App. Div. 1943)

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