Legal Opinion

American Industrial Corp. v. First & Merchants National Bank

Supreme Court of Virginia

Decided December 1, 1975No. Record No. 740615PublishedCited by 15 opinions

1Per curiam

The sole question in this case is whether an undertaking by First & Merchants National Bank (the Bank) constituted a guaranty, binding the Bank to pay American Industrial Corporation (American) the *397amount of a debt owed American by Industrial Automation, Inc. (Industrial) . The trial court held that the undertaking was not a guaranty, and we now review that holding.

American brought this action against Industrial and the Bank to recover the purchase price, $15,350, of a hoist American had furnished Industrial for installation on a lightship which Industrial had constructed pursuant to a…

2Cases cited4 opinions

  1. Darling v. Cumming's Ex'orSupreme Court of Virginia · 1896
  2. Bourne v. Board of SupervisorsSupreme Court of Virginia · 1934
  3. Lawson v. States Construction Co.Supreme Court of Virginia · 1952
  4. Saunders v. Bank of MecklenburgSupreme Court of Virginia · 1911

3Cited by15 opinions

  1. Bereman v. BeremanWyoming Supreme Court · 1982
  2. McDonald v. National Enterprises, Inc.Supreme Court of Virginia · 2001
  3. Smith v. Creative Financial Management, Inc. (In re Virginia-Carolina Financial Corp.)Court of Appeals for the Fourth Circuit · 1992
  4. Adams v. United StatesDistrict Court, E.D. Virginia · 1978
  5. Chas. H. Tompkins Co. v. Lumbermens Mutual Casualty Co.District Court, E.D. Virginia · 1990

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