Legal Opinion
Nassau Trust Co. v. Bayer
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1986PublishedCited by 2 opinions
1Opinion of the Court
— In an action to recover upon written guarantees, the defendant Richard H. Bayer appeals from a judgment of the Supreme Court, Nassau County (Roncallo, J.), entered April 19, 1985, which, upon the plaintiffs motion for summary judgment, is against him and in favor of the plaintiff in the amount of $86,311.32.
Judgment affirmed, with costs.
A surety may consent to anything to which the principal debtor has the power to agree and "when he does so consent, he is not discharged because the creditor does that to which he has consented and to which lawfully he could consent” (Indianapolis Morris…
2Cases cited4 opinions
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Indianapolis Morris Plan Corp. v. KarlenNew York Court of Appeals · 1971
- Federal Deposit Insurance v. HyerAppellate Division of the Supreme Court of the State of New York · 1979
- Manowitz v. SenterAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by2 opinions
- Gannett Co. v. TeslerAppellate Division of the Supreme Court of the State of New York · 1991
- Geiger v. TokheimDistrict Court, N.D. Iowa · 1996