Meadow Brook National Bank v. Bzura

The question on this appeal is whether defendant, an individual guarantor of corporate obligations, may interpose as a defense on the guarantee an alleged oral agreement that the guarantee would not become effective until two others should guarantee the corporate obligations as primary guarantors. Plaintiff bank, the holder of the notes and the one in whose favor the guarantee ran, denies the fact of the oral agreement on this motion for summary judgment but, in addition, asserts that the oral agreement is not provable as a matter of law because contradictory of the express provisions of the…