Community National Bank v. Loumos

1. The ruling *831of the judge that the guaranty executed by Loumos, Halliday and the Feinsteins was both absolute and continuing was not, as asserted by Loumos, a contradiction in terms. To the extent that Allen v. Pike, 3 Cush. 238 (1849), supports such an assertion, that case must be regarded as having been impliedly overruled by subsequent decisions which recognize that a guaranty can be both absolute and continuing. See Standard Plumbing Supply Co. v. LaConte, 277 Mass. 497, 499-501 (1931); Mayo v. Bloomberg, 290 Mass. 168, 169-171 (1935); Provident Co-op. Bank v. James Talcott, Inc., 358…