Franklin National Bank v. Capobianco

John P. Cohalan, Jr., J.

Defendant, Mary CapoManco, is being sued on a written ‘‘ guarantee of all liability.” The guarantee is absolute on its face. The three questions presented for decision are:

1. What is the multiplicand upon which the agreed fair and reasonable attorney’s fee of 20% is to be based?

2. Is the guarantor entitled to a setoff for prepaid interest? and

3. What, if anything, is owed on the underlying debt to which the guarantee attaches?

1

The over-all amount guaranteed was $44,493.20. Provision was made in the promissory note (secured by chattel mortgage) of the primary obligor…