Legal Opinion

Paul v. Home Bank SB

Indiana Court of Appeals

Decided August 8, 2011No. 55A01-1012-MF-635PublishedCited by 6 opinions

1Opinion of the Court

OPINION

BAKER, Judge.

Here, we are confronted with whether the integration clause in the guaranty of one loan released and discharged the guaranty of another loan. Additionally, we are asked to determine whether a financial institution is required to advise a client through a commercial transaction or recommend that the client seek legal counsel.

Inasmuch as isolating one paragraph of one document in a multidocument, complex commercial transaction would defeat the intended effect of the loan agreements, we conclude that the guaranty of one loan did not integrate and, consequently, release the…

2Cases cited10 opinions

  1. Paulson v. Centier BankIndiana Court of Appeals · 1998
  2. Goeke v. Merchants National Bank & Trust Co. of IndianapolisIndiana Court of Appeals · 1984
  3. Steinke v. Sungard Financial Systems, Inc.Court of Appeals for the First Circuit · 1997
  4. Hinkel v. Sataria Distribution & Packaging, Inc.Indiana Court of Appeals · 2010
  5. Robert's Hair Designers, Inc. v. PearsonIndiana Court of Appeals · 2002

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3Cited by6 opinions

  1. Stephen H. Perron v. J.P. Morgan Chase Bank, N.A.Court of Appeals for the Seventh Circuit · 2017
  2. Steven Weinreb v. Fannie MaeIndiana Court of Appeals · 2013
  3. IP of a West 86th Street 1, LLC v. Morgan Stanley Mortgage Capital Holdings, LLCCourt of Appeals for the Seventh Circuit · 2012
  4. BOWERS v. ANTHEM, INC.District Court, S.D. Indiana · 2019
  5. First Financial Bank, N.A. v. Craig W. Johnson (mem. dec.)Indiana Court of Appeals · 2017

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