Legal Opinion

Bandag, Incorporated v. National Acceptance Company of America

Court of Appeals for the Seventh Circuit

Decided August 26, 1988No. 87-2885PublishedCited by 6 opinions

1Opinion of the Court

COFFEY, Circuit Judge.

In this diversity case, plaintiff-appellant Bandag, Inc. (“Bandag”) seeks to collect $40,000 plus statutory interest from defendant-appellee National Acceptance Company of America (“NAC”). NAC was the primary commercial lender to McCord Tire and Supply Company, Inc. (“McCord”), a purchaser of Bandag products. NAC guaranteed McCord’s debts to Bandag, up to $40,000. When McCord defaulted, Bandag sought payment from NAC. NAC denied liability, arguing that its agreement with Bandag guaranteeing McCord’s debts (the “letter of guaranty”) had expired. NAC moved to dismiss…

2Cases cited21 opinions

  1. Norton Sarnoff and Carl Fletcher, and v. American Home Products Corporation, Defendant-Appellant-AppelleeCourt of Appeals for the Seventh Circuit · 1986
  2. Stanley Green, as Assignee of Dexter Hopkins, Cross v. The J.C. Penney Auto Insurance Company, Inc., a Corporation, Defendant- Cross-AppellantCourt of Appeals for the Seventh Circuit · 1986
  3. The Marmon Group, Inc. v. Rexnord, Inc.Court of Appeals for the Seventh Circuit · 1987
  4. In re Air Crash Disaster Near Chicago, Illinois on May 25, 1979Court of Appeals for the Seventh Circuit · 1981
  5. Lasalle National Bank v. Service Merchandise Co.Court of Appeals for the Seventh Circuit · 1987

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3Cited by6 opinions

  1. Corrugated Paper Products, Inc. v. Longview Fibre Co.Court of Appeals for the Seventh Circuit · 1989
  2. Bradley E. Alexander, Individually and as the Assignee of Theodore E. Seifert v. Erie Insurance ExchangeCourt of Appeals for the Seventh Circuit · 1993
  3. Mutual Service Casualty Insurance Company v. Country Life Insurance Company, Country Mutual Insurance Company and Country Casualty Insurance CompanyCourt of Appeals for the Seventh Circuit · 1988
  4. Rose v. Nat'l Collegiate Athletic Ass'nDistrict Court, E.D. Illinois · 2018
  5. Goodrich Cicero Strip LLC v. PLS Financial Solutions of Illinois, Inc.District Court, N.D. Illinois · 2024

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