Bank of Coral Gables v. Murphy

JORGENSON, Judge.

This is an appeal from an amended final judgment. The issue presented on appeal is whether the maker of a promissory note can limit liability for her obligation on that note by relying on the terms of her earlier guaranty of a different extension of credit to her husband. For the reasons which follow, we decline to so hold and, therefore, vacate the amended judgment under review.

Eve Murphy, the defendant below, is the widow of Joseph Murphy, a founder and director of The Coral Gables Bank, plaintiff below. In 1982 Mr. Murphy took out an unsecured “director’s loan” with the…