Legal Opinion

Schmuckie v. Alvey

Kentucky Supreme Court

Decided October 6, 1988No. 87-SC-670-DGPublishedCited by 8 opinions

1Opinion of the Court

LAMBERT, Justice.

Upon motion of appellant Gretchen Schmuckie, this Court granted discretionary review. The precise issue before us is whether a maker1 of a promissory note may be discharged from liability as a result of the holder’s impairment of collateral which secures payment of the instrument.

Appellees, James N. Alvey and Mary E. Alvey, conveyed a parcel of improved real property to James M. Schmuckie and Gretchen Schmuckie, husband and wife, and Joseph Sostarich and Doris Sostarich, husband and wife, for the sum of $230,000. Contemporaneous with the conveyance and in partial payment of…

2Cases cited18 opinions

  1. Crimmins v. LowryTexas Supreme Court · 1985
  2. Farmers State Bank v. CooperSupreme Court of Kansas · 1980
  3. United States v. Unum, Inc. And Lance W. DreyerCourt of Appeals for the Fifth Circuit · 1981
  4. Common Wealth Insurance Systems, Inc. v. KerstenCalifornia Court of Appeal · 1974
  5. Peoples Bank of Point Pleasant v. Pied Piper Retreat, Inc.West Virginia Supreme Court · 1974

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3Cited by8 opinions

  1. Branch Banking and Trust Co. v. ThompsonCourt of Appeals of North Carolina · 1992
  2. Haberl v. BigelowSupreme Court of Colorado · 1993
  3. Bissonnette v. WylieSupreme Court of Vermont · 1994
  4. Holt v. Peoples Bank of Mt. WashingtonKentucky Supreme Court · 1991
  5. Foster v. HACIENDA NIRVANA, INC.Supreme Court of Alabama · 2009

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