Marine Bank, National Ass'n v. Meat Counter, Inc.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

In 1982, defendant Joseph Falcone (“Joseph”), a butcher, signed a guaranty which enabled his son Patrick, also a butcher, to obtain financing and equipment from plaintiff Marine Bank (“the Bank”) and thus to start his own butcher business. Patrick’s business defaulted, and the Bank demanded that Joseph satisfy the debt. This breach of contract lawsuit followed Joseph’s refusal to pay. The parties have filed cross motions for summary judgment as to Joseph’s liability in Count II. Because we hold for the reasons stated below that a material…