Legal Opinion

Fortmeyer v. Summit Bank

Indiana Court of Appeals

Decided January 29, 1991No. 02A03-8912-CV-00535PublishedCited by 23 opinions

1Opinion of the Court

STATON, Judge.

Howard and Elizabeth Fortmeyer (Fort-meyer s) appeal the trial court's grant of summary judgment in favor of Summit Bank in its action to recover on the Fort-meyers’ written guaranties. The Fortmey-ers present three issues for our review, rephrased as:

1. Whether the Bank’s alleged failure to exercise good faith and fair dealing in its lending practices precludes summary judgment.

2. Whether the Restatement of Security, § 124, imposes a duty upon a lender to inform a guarantor when the risk is materially increased beyond that which the guarantor has reason to assume.

3. Whether the…

2Cases cited11 opinions

  1. Madison County Bank & Trust Co. v. KreegarIndiana Supreme Court · 1987
  2. Koop v. BaileyIndiana Court of Appeals · 1986
  3. Carney v. Central National Bank of GreencastleIndiana Court of Appeals · 1983
  4. Mauller v. City of ColumbusIndiana Court of Appeals · 1990
  5. Orange-Co., Inc. v. BrownIndiana Court of Appeals · 1979

6 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. First Farmers Bank & Trust Co. v. WhorleyIndiana Court of Appeals · 2008
  2. Centennial Mortgage, Inc. v. BlumenfeldIndiana Court of Appeals · 2001
  3. Noble Roman's, Inc. v. WardIndiana Court of Appeals · 2002
  4. Yin v. Society National Bank IndianaIndiana Court of Appeals · 1996
  5. Otto v. Park Garden AssociatesIndiana Court of Appeals · 1993

18 more not listed; retrieve them via the Exa API.

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