Legal Opinion

Maine National Bank v. Fontaine

Supreme Judicial Court of Maine

Decided March 4, 1983PublishedCited by 9 opinions

1Opinion of the Court

CARTER, Justice.

Following a jury trial in Superior Court, Oxford County, a judgment was entered in favor of the plaintiff, Maine National Bank, against the defendant, Gilbert Fontaine. On appeal, Fontaine contends that the justice erred by refusing to give a jury instruction on Fontaine’s status as an accommodation party and on the defenses available to an accommodation party. We vacate the judgment and remand for further proceedings consistent with this opinion.

I. Facts

The testimony at trial would support the following factual findings. William Porter, a general contractor, hired Gilbert…

2Cases cited5 opinions

  1. First National Bank & Trust Co. of Racine v. NotteWisconsin Supreme Court · 1980
  2. Sumitomo Bank of Cal. v. IwasakiCalifornia Supreme Court · 1968
  3. Watkins Products, Inc. v. StadelNorth Dakota Supreme Court · 1973
  4. FIRST NAT. BANK, ETC. v. Bennett Venture, Ltd.Court of Appeals of Arizona · 1981
  5. Westbrook Trust Co. v. TimberlakeSupreme Judicial Court of Maine · 1921

3Cited by9 opinions

  1. Economic Dev. v. Pavonia ResturantNew Jersey Superior Court Appellate Division · 1998
  2. Federal Land Bank v. TaggartOhio Supreme Court · 1987
  3. WXI/Z Southwest Malls Real Estate Liability Co. v. MuellerNew Mexico Court of Appeals · 2005
  4. Camp v. First Financial Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1989
  5. First NH Bank v. LawlorSupreme Judicial Court of Maine · 1992

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