Legal Opinion

Chemical Bank v. Layne

District Court, S.D. New York

Decided December 14, 1976No. 73 Civ. 283-CSHPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM

HAIGHT, District Judge:

In this action, before this court on the basis of diversity of citizenship, 1 plaintiff Chemical Bank (“Chemical”) sues to enforce a guaranty executed on July 10, 1970 by defendant H. B. Layne (“Layne”) in respect of the liabilities of one Eugene J. Cohen (“Cohen”) to Chemical arising out of a demand promissory noted dated July 1, 1966.

The case was tried to the court without a jury on September 2 and 3, 1976. Extensive and able post-trial memoranda have been filed by counsel.

Chemical’s theory of liability is straightforward. Layne executed a guaranty of…

2Cases cited11 opinions

  1. James v. PowellNew York Court of Appeals · 1967
  2. Fed. Sec. L. Rep. P 95,323 Frigitemp Corp. v. Financial Dynamics Fund, Inc.Court of Appeals for the Second Circuit · 1975
  3. Magee v. Manhattan Life InsuranceSupreme Court of the United States · 1876
  4. Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
  5. Donovan v. Aeolian Co.New York Court of Appeals · 1936

6 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Rachman Bag Company, a Partnership Composed of Plains Bag and Bagging Co., Inc., and Rachman Bag Co., Inc. v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1995
  2. Mishkin Ex Rel. Liquidation of the Business of Adler, Coleman Clearing Corp. v. Ensminger (In Re Adler, Coleman Clearing Corp.)United States Bankruptcy Court, S.D. New York · 1999
  3. Marine Midland Bank v. SmithDistrict Court, S.D. New York · 1979
  4. Barclays Bank of New York v. GoldmanDistrict Court, S.D. New York · 1981
  5. Banco Portugues Do Atlantico v. Asland, S.A.District Court, S.D. New York · 1990

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