Colonial American National Bank v. Robert L. Kosnoski

ALBERT V. BRYAN, Senior Circuit Judge:

Adjudged liable as the guarantor of two dishonored loans of the Colonial American National Bank at Roanoke, Virginia, Robert L. Kosnoski of West Virginia, appeals the judgment passed in a diversity action June 19, 1978, after a bench trial, by the Federal Court for the Western District of Virginia. In defense, he had pleaded complete release from the guaranty because of the bank’s failure, upon his demand, after default in the loans, to sue all solvent parties (includ*1026ing sureties, guarantors and endorsers) who reside in Virginia. His stand rests on the…