Legal Opinion

Beneficial Finance Co. v. Husner

New York Supreme Court

Decided June 17, 1975PublishedCited by 15 opinions

1Opinion of the CourtJames H. Boomer, J.

The holder of a note discharges from *551liability an indorser of the note to the extent that the holder releases collateral given by the maker. Under the Uniform Commercial Code not only is an indorser discharged to the extent of the release of the collateral, but also discharged is any party who, to the knowledge of the holder, has a right of recourse against the maker (Uniform Commercial Code, §3-606). The official comment to section 3-606 of the Uniform Commercial Code explains: "The suretyship defenses here provided are not limited to parties who are 'secondarily liable’, but are available…

2Cases cited1 opinion

  1. Newburger v. LubellNew York Court of Appeals · 1934

3Cited by15 opinions

  1. Federal Deposit Insurance Corporation v. Blue Rock Shopping Center, Inc., a Delaware Corporation. Appeal of Max Ambach and Rose AmbachCourt of Appeals for the Third Circuit · 1985
  2. Crimmins v. LowryTexas Supreme Court · 1985
  3. Lipson v. AdelsonMassachusetts Appeals Court · 1983
  4. Southwest Florida Production v. SchirowDistrict Court of Appeal of Florida · 1980
  5. Bishop v. United Missouri Bank of CarthageMissouri Court of Appeals · 1983

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