Bissonnette v. Wylie

Plaintiffs Donald and Claudette Bissonnette appeal from a summary judgment order in favor of defendants Daniel Mendl and Martin Lavin, claiming the court erred in holding that comakers of a promissory note may be discharged under 9A V.S.A. § 3-606 when the creditor unjustifiably impairs the collateral. We hold that the § 3-606 defense is available to a comaker only if the comaker is in the position of a surety. Because we conclude that defendants Mendl and Lavin were sureties, both as to their comaker Nicholas Wylie and as to plaintiffs, we affirm the decision of the trial court discharging…