Legal Opinion
Ford Motor Credit Co. v. Lototsky
District Court, E.D. Pennsylvania
Decided October 19, 1982No. Civ. A. 81-3704PublishedCited by 53 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
DITTER, District Judge.
This motion for summary judgment presents essentially two questions: first, whether a guarantor can assert the defense of commercial reasonableness in the disposition of the collateral by the original creditor in an action to recover under a contract of guaranty; second, assuming such a defense is viable, whether the commercial reasona bleness defense can be waived under Pennsylvania law. 1
The following facts are undisputed. The plaintiff, Ford Motor Credit Company, is engaged in the business commonly known in automotive circles as floor plan…
2Cases cited55 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
- Sondra L. McKenna and James R. McKenna v. Ortho Pharmaceutical CorporationCourt of Appeals for the Third Circuit · 1980
- Pennsylvania Glass Sand Corporation v. Caterpillar Tractor CompanyCourt of Appeals for the Third Circuit · 1981
- Roberts v. Sears, Roebuck & Co.Supreme Court of the United States · 1980
50 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- In Re Larry Dean Kirkland and Billie Kirkland, Debtors. Security Pacific National Bank v. Larry Dean Kirkland and Billie KirklandCourt of Appeals for the Ninth Circuit · 1990
- McEntire v. Indiana National BankIndiana Court of Appeals · 1984
- Shawmut Worcester County Bank, N.A. v. MillerMassachusetts Supreme Judicial Court · 1986
- Chrysler Credit Corp. v. B.J.M., Jr., Inc.District Court, E.D. Pennsylvania · 1993
- Joseph R. Solfanelli Natalie G. Solfanelli v. Corestates Bank N.A., Successor by Merger to Meridian Bank Stevens & Lee Meridian BankCourt of Appeals for the Third Circuit · 2000
48 more not listed; retrieve them via the Exa API.