Legal Opinion

Grayson v. Platis

Court of Appeals of Washington

Decided April 19, 1999No. Nos. 40897-6-I; 41099-7-IPublishedCited by 7 opinions

1Opinion of the CourtGrosse, J.

— If a guarantor unconditionally promises payment of an obligation on behalf of a debtor, the guaranty is deemed absolute. And absent fraud or bad faith, an absolute guarantor has no recourse against the lender outside the provisions of the guaranty. The parties here altered the provisions of a guaranty so as to provide Harry Platis with a right to notice of actions resulting in impairment of collateral the Tanaka Trust held in consideration for the underlying loan. The extension of that right, however, did not carry with it the further duty that the Tanaka Trust act without negligence when…

2Cases cited9 opinions

  1. National Bank v. Equity InvestorsWashington Supreme Court · 1973
  2. Miller v. U.S. BankCourt of Appeals of Washington · 1994
  3. Postlewait Constr., Inc. v. Great American Ins. CompaniesWashington Supreme Court · 1986
  4. Warren v. Washington Trust BankCourt of Appeals of Washington · 1978
  5. Rainier National Bank v. ClausingCourt of Appeals of Washington · 1983

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3Cited by7 opinions

  1. Heilman v. Heilman (In Re Heilman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  2. Frontier Bank v. Bingo Investments, Appellant'sCourt of Appeals of Washington · 2015
  3. Union Bank, N.a., Resp. v. John T. Blanchard, Apps.Court of Appeals of Washington · 2016
  4. Copper Leaf, Llc, V. Ace Paving Co. Inc.Court of Appeals of Washington · 2024
  5. Robert W. Davis and Kirk K. Peterson v. American International Bridge, Inc., Anfu Wang and Chun Ling LuCourt of Appeals of Iowa · 2017

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