Klingstubbins Southeast, Inc. v. 301 Hillsborough Street Partners, LLC

As the majority opinion points out, when a case involves a promise to guarantee an existing debt, in order for that promise to be enforceable, there must be some new consideration for that promise other than the original debt. Because I do not believe that plaintiff has pled consideration for defendant Theodore R. Reynolds’ promise to pay the debt of 301 Hillsborough Street Partners (“301 Partners”), I would hold that the trial court properly granted defendant’s motion to dismiss. I, therefore, respectfully dissent.

The consideration for the guaranty promise must exist at the time that the…