Beneficial Finance Co. of Norman v. Marshall

BOX, Judge:

An appeal by Beneficial Finance Company, plaintiff in the trial court, from judgment entered in favor of the defendant be low, Alva D. Garren, in an action to recover on a note.

The payee on a note brought an action against an accommodation maker to recover the unpaid balance. The trial court held that the accommodation maker had been discharged under Section 3-606 of the Uniform Commercial Code, 12A O.S.1971, § 3-606, and under a surety exoneration statute, 15 O.S.1971, § 377, and the payee appealed. The question is whether a non-consenting accommodation party is discharged under…