Legal Opinion
Luckey v. Thornton
District Court of Appeal of Florida
Decided January 26, 1965No. 64-237PublishedCited by 5 opinions
1Per curiam
In an action on a guaranty contract, which was tried without a jury, judgment was entered for the defendant and the plaintiff appealed.
The determinative question is whether the instrument sued on was a guaranty of payment or was a guaranty of collecti-bility. The former is enforceable without first exercising diligence by proceeding against the principal obligor as required in the case of a guaranty of collectibility. *411See Fegley v. Jennings, 44 Fla. 203, 42 So. 873. The instrument involved in this case was as follows:
“In consideration of the approval of and consent to the assignment of that…
2Cases cited2 opinions
- Fegley v. JenningsSupreme Court of Florida · 1902
- John S. Barnes, Inc. v. Paducah Box & Basket Co.Supreme Court of Florida · 1941
3Cited by5 opinions
- Flagship Bank of Orlando v. BryanDistrict Court of Appeal of Florida · 1980
- Ades v. Bank of MontrealDistrict Court of Appeal of Florida · 1989
- Goldenberg v. Dome Condominium Ass'nDistrict Court of Appeal of Florida · 1979
- West Flagler Associates, Ltd. v. Department of RevenueDistrict Court of Appeal of Florida · 1994
- Craig v. 60 Minute of Miami, Inc.District Court of Appeal of Florida · 1972