Legal Opinion · Dissent
Colonial American National Bank v. Robert L. Kosnoski
Court of Appeals for the Fourth Circuit
Decided May 5, 1980No. 78-1602Published
1DissentMurnaghan, Circuit Judge
It concerns me to dissent, but my understanding of what the Virginia courts would do in this diversity action differs from that of my fellow panel members. The pertinent rules of suretyship and my perception of the proper reading of the applicable Virginia statutes lead me. to a conclusion other than the one the majority has reached.
The case involved a term loan agreement, a loan guaranty agreement, and two notes thereunder, all executed on June 5, 1975. Those documents together provided for: (1) borrowings from Colonial American National Bank (“Bank”) by Edward G. Frye, III (“Edward”) and…
2Cases cited31 opinions
- Johnny R. Austad and Dorothy Austad, His Wife v. United StatesCourt of Appeals for the Ninth Circuit · 1967
- United States v. H. E. Crain and Ethel E. Crain, Husband and Wife, and Coconino County, ArizonaCourt of Appeals for the Ninth Circuit · 1979
- Houston v. BainSupreme Court of Virginia · 1938
- B. F. Goodrich Rubber Co. v. FischSupreme Court of Virginia · 1925
- Bourne v. Board of SupervisorsSupreme Court of Virginia · 1934
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