Legal Opinion · Dissent

National City Bank v. Rini

Ohio Court of Appeals

Decided August 5, 2005No. 2004-P-0051Published

1DissentDiane V. Grendell, Judge

{¶ 29} I respectfully dissent.

{¶ 30} On May 18, 2001, appellant signed an “unconditional and continuing guarantee” of personal liability to establish a $300,000 line of credit with appellee on behalf of Gregory, Inc.

{¶ 31} By signing the unconditional and continuing guarantee, appellant is precluded from claiming that he was unaware of its contents. A person who signs a guarantee is charged, as a matter of law, “with knowledge of the content of the guarantee.” Barclays Am./Commercial, Inc. v. ROYP Marketing Group, Inc. (1988), 61 Ohio App.3d 701, 706, 573 N.E.2d 1115; Jazwa v. Alesci (Sept.…

2Cases cited3 opinions

  1. First Natl. Bank of Pandora v. Freed, Unpublished Decision (7-6-2004)Ohio Court of Appeals · 2004
  2. Bates v. Midland Title of Ashtabula Co., Unpublished Decision (11-26-2004)Ohio Court of Appeals · 2004
  3. Barclays American/Commercial, Inc. v. ROYP Marketing Group, Inc.Ohio Court of Appeals · 1988

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API