Legal Opinion
Central State Bank v. Botwin
Civil Court of the City of New York
Decided June 1, 1971PublishedCited by 3 opinions
1Opinion of the CourtRichard W. Wallach, J.
There are times when stubborn facts refuse to be put down by those useful legal principles which bring stability to written instruments. This action by a bank, to enforce what appears on its face to be an unconditional guarantee, is such a case.
Plaintiff bank has contended that on August 19, 1969, its customer, Alfred Botwin, was in substantial default upon an $8,676 installment loan, and that he was otherwise indebted to the bank in excess of $25,000. To induce the bank to forbear acceleration of the due date and the commencement of this action, the bank claims it demanded and obtained…
2Cases cited5 opinions
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Mount Vernon Trust Co. v. BergoffNew York Court of Appeals · 1936
- Draper v. . SnowNew York Court of Appeals · 1859
- Becker Pretzel Bakeries, Inc. v. Universal Oven CompanyDistrict Court, D. Maryland · 1968
- Meadow Brook National Bank v. FeracaNew York Supreme Court · 1952
3Cited by3 opinions
- Citibank, National Ass'n v. LondonDistrict Court, S.D. Texas · 1981
- Lincoln First Bank, N.A. v. Bank of New York (In re Levine)District Court, S.D. New York · 1982
- In Re LevineUnited States Bankruptcy Court, S.D. New York · 1982