Legal Opinion

Chrysler Credit Corp. v. Mitchell

Appellate Division of the Supreme Court of the State of New York

Decided May 25, 1983PublishedCited by 22 opinions

1Opinion of the Court

. Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Defendants appeal from an order granting plaintiff summary judgment in an action on a written guarantee of a debt. Defendants claim that they are not liable since the debt was secured by collateral, and the plaintiff seized and accepted the collateral in full satisfaction of the debt. An election to take the collateral in full satisfaction will not be implied; it must be made by written notice to the debtor (Flickinger Co. v 18 Genesee Corp., 71 AD2d 382, 385). Since no such…

2Cases cited3 opinions

  1. S. M. Flickinger Co. v. 18 Genesee Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  2. Livingston v. BlumenthalAppellate Division of the Supreme Court of the State of New York · 1936
  3. Marine Midland Bank v. ConnellyAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by22 opinions

  1. Bank of China v. David C.W. ChanCourt of Appeals for the Second Circuit · 1991
  2. Marine Midland Bank v. CMR Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Cohen v. RainsCourt of Appeals of Texas · 1989
  4. IFG Leasing Co. v. GordonUtah Supreme Court · 1989
  5. Alamosa National Bank v. San Luis Valley Grain Growers, Inc.Colorado Court of Appeals · 1988

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