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Cases cited for the legal proposition you have searched for.

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1

..., 427 S.W.2d 121 (Tex.Civ.App. 1968, no writ). If one is a surety he is termed usually an accommodation party or guarantor. V. I. P. Commercial Contractors v. Alkas...summary judgment and granted Stevenson's motion. Caldwell's position is that he was an accommodation party (surety) on the note and that Stevenson was a principal. Caldwell claims..., 119 S.W.2d 427 (Tex.Civ.App. 1938, writ ref'd n. r. e.). A surety (accommodation party) is primarily liable with the principal...


Court: Court of Civil Appeals of Texas, Austin.
Date: Jun 21, 1978 Cited By: 23 Coram: 1
2

.... Williams or Security do not allege that Williams was merely a guarantor or an accommodation party on the note. If he were found to be an accommodation party or guarantor, the...coborrowers is subject to the usury law or is exempt from usury under sec. 138.05(5), Stats. Jack R. Williams (Williams) and Home Owners Services, Inc. (Home Owners), obtained a $75,625 loan in 1975..., the court said, and this obligation was not divisible. Because one of the makers of the note was a corporation, the trial court concluded that neither party could avail itself of the usury laws...


Court: Court of Appeals of Wisconsin.
Date: Aug 22, 1984 Cited By: 23
3

...after sale of the security. Gantenbein for himself asserts that he signed the promissory notes as an accommodation party or guarantor and that his personal liability arises only...of the act [now C.R.S. '53, 95-1-29] an accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of...accommodation party, he is only secondarily liable on the notes, and then only if the property is insufficient to discharge the obligation, is not the law. Hall v. Farmers Bank, 74 Colo. 165...


Court: Supreme Court of Colorado. In Department.
Date: Jul 6, 1964 Cited By: 12 Coram: 1
4

..., Bradley undisputedly agreed to be an accommodation party or guarantor on the note whereby his client, Taylor, became indebted to Nall in settlement of a legal action that Nall had filed against Taylor...pursuant to a prior or present agreement between the guarantor and guarantee, or in response to a request by the guarantee directed to the guarantor, the contract is complete without further notice of...Bradley, 540 So.2d 711 (Ala. 1989). In the first appeal, the principal question was whether Bradley, as guarantor of a debt to Nall, had agreed to pay the debt without a requirement that Nall...


Court: Supreme Court of Alabama.
Date: Jan 31, 1992 Cited By: 0 Coram: 1
5

...of the Bankruptcy Code favoring discharge of debts and the resulting fresh start it provides to debtors; (2) Interpreting 523(a)(8)(A)(i) broadly to include debts owed an accommodation party or guarantor would...not promote the collection of student loans because the lender is paid by the accommodation party/guarantor whether or not the debtor's subsequent debt to the accommodation party/guarantor...accommodation party who has paid off the debt under RCW 62A.3–419(e), she is entitled to enforce the original Loan against Corbin...


Court: United States Bankruptcy Court, W.D. Washington, at Seattle.
Date: Mar 5, 2014 Cited By: 26 Coram: 1
6

...incurred by the decedent and became thereafter the primary debtor on the note, with the decedent assuming the role of a mere accommodation party or guarantor. See generally...in issue here. Moreover, even assuming the regularity of Buchwald's witnessing the signatures, no evidence was adduced that she knew the decedent or saw him sign either document (and it is noted...and validity of the power of attorney. If the power was not valid, appellee would not have been entitled to deposit the decedent's paycheck or use his credit cards pursuant to the power of attorney...


Court: Court of Appeals of Georgia.
Date: Dec 19, 1991 Cited By: 0 Coram: 1
7

...note). Ansari signed the promissory note as a borrower, without any limiting language indicating that he was an accommodation party or guarantor, and promised to pay the principal amount "jointly and...because he did not receive any consideration or direct benefit from his execution of the promissory notes at issue. Id. at 48. And as an accommodation party, Ansari argued that he was entitled to..., 10 n. 1 (Ind. Ct. App. 2004)). Therefore, "[a]n accommodation party may sign the instrument as a maker, drawer, acceptor, or endorser and...


Court: COURT OF APPEALS OF INDIANA
Date: Aug 25, 2011 Cited By: 0 Coram: 1
8

...law, the FLBH is not an accommodation party or guarantor because it does not meet the four-part test to determine that relationship's existence as established in the case...restructuring under that Act. Indeed, the FLBH's status as either an accommodation party, guarantor or a co-maker within the meaning of Illinois commercial law would be relevant only with respect to...affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Unquestionably, in determining whether a...


Court: United States District Court, C.D. Illinois, Springfield Division
Date: Nov 27, 1989 Cited By: 6 Coram: 1
9

...takes this appeal. For reversal, Appellant's main arguments are that appellee was not an accommodation party, surety or guarantor of Kaleo, but was a co-maker and that the alterations.... 1. CONTRACT — DISCHARGE — ALTERATION MUST BE BOTH FRAUDULENT AND MATERIAL. — To discharge a party to the contract an alteration must be both fraudulent and material. [Ark. Stat. Ann. 85-3-407...the note was signed in some other capacity as required by Ark. Stat. Ann. 85-3-402 (Add. 1961). 4. GUARANTY — MATERIAL ALTERATION DISCHARGES GUARANTOR. — A material alteration in the obligation...


Court: Supreme Court of Arkansas
Date: May 21, 1984 Cited By: 5 Coram: 1
10

...”, although that term is not defined. A review of Ohio law, which controls under the Agreement, suggests Brown is a coborrower (also called a comaker), a guarantor (or surety) or an accommodation party under...the original debt. The original student loan debt was paid and gone, and the plaintiff could only sue the debtor for contribution. Guarantor or Accommodation Party. An...accommodation party accepts liability by signing an instrument issued for value and for the benefit of another party, but the accommodation party is not a direct beneficiary of the instrument proceeds. Ohio Rev.Code Ann. § 1303.59(A) (West 2014). The guarantor signs for the same purpose, but an accommodation party is not necessarily a guarantor. SeeOhio Rev.Code Ann. § 1303.59(B). An accommodation party may be a borrower, or a...


Court: United States Bankruptcy Court, E.D. Kentucky, Frankfort Division.
Date: May 6, 2014 Cited By: 11 Coram: 1
11

..., endorser, guarantor, surety or accommodation party. No corporation or its co-debtor, endorser, guarantor, surety or accommodation party shall have a cause of action or affirmatively plead...[($500)], or by imprisonment for not less than thirty nor more than ninety days, or by both such fine and imprisonment; and shall also be liable in damages to the party injured in double the whole... DIANE, INC., a corporation, Third-Party Plaintiff-Appellee v. Nick KAPNISON, individually, Third-Party Defendant-Appellant. No. 14151...


Court: Supreme Court of New Mexico.
Date: Aug 4, 1983 Cited By: 1
12

...knew him to be only an accommodation party. An accommodation maker, guarantor, or indorser may be only an accommodation party as to the principal maker, entitled to reimbursement from him if he pays the note, yet, as to the payee or holder, such accommodation maker, guarantor, or...different ways by which a person secondarily liable is discharged. Section 29 defines an accommodation party as one who signs the instrument as maker, drawer, acceptor, or indorser, without receiving value...promised to pay the note. Regardless of whether or not they are accommodation indorsers or comakers they are liable to the holder to the same extent and in the same manner as Fiorenza. They are...


Court: Court of Appeal of Louisiana, First Circuit.
Date: Oct 7, 1936 Cited By: 9
13

..."as guarantor" or accommodation party. Summary judgment was granted for plaintiff Nall against Taylor. After a trial, without a jury, judgment was entered against Bradley for $129,736.51, being...represented by Attorney Bradley, who was to be a guarantor of the note or an accommodation party. Questions regarding what occurred during these negotiations and the kind of guaranty agreement which..., default or miscarriage of another", unless it is in writing and signed by the party sought to be charged. § 8-9-2(3) Code 1975. In order to admit evidence of a lost document, the...


Court: Supreme Court of Alabama.
Date: Mar 27, 1987 Cited By: 4 Coram: 1
14

...proof is on the guarantor or accommodation party to show impairment of the collateral. Mitchell v. Ringson, 169 Ga. App. 88.... I concur in the judgment only, for I am not persuaded that the burden of proving the extent of the impairment lies with the guarantor or accommodation party. Once that party proves...,' but are available to any party who is in the position of a surety, having a right of recourse either on the instrument or dehors it, including accommodation maker or acceptor known to the holder to...


Court: Court of Appeals of Georgia.
Date: Nov 19, 1987 Cited By: 9 Coram: 2
15

...or other accommodation party. This increased exposure to liability can most easily be seen in a grant by the lender of an extension of time for payment on a note to a borrower. However, a guarantor's...against whom the party has to the knowledge of the holder a right of recourse or agrees to suspend the right to enforce against such person the instrument or collateral or otherwise discharges such...person. . . . The purpose of a provision like KRS 355.3-606 is to prevent the principals to a note or other agreement from increasing risks of liability to a guarantor...


Court: Court of Appeals of Kentucky.
Date: Oct 23, 1985 Cited By: 18 Coram: 1
16

...accommodation party `for accommodation'." General Statutes § 42a-3-419(a). "A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous endorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with...accommodation party or that the defendant was a surety or guarantor with respect to the plaintiff's obligation on the instrument. The language of the collateral note provides, in pertinent part, "[w...-maker of the collateral note and thus liable to the plaintiff, or an accommodation maker and thus not liable to the plaintiff as the accommodated party. "An accommodated party who...


Court: Connecticut Superior Court, Judicial District of Fairfield at Bridgeport
Date: Jan 25, 2001 Cited By: 0
17

...different if the defendant were the sole signatory. Subdivision (1) of section 3-415 of the Uniform Commercial Code defines an accommodation party as "one who signs the instrument in any capacity for the purpose of lending his name to another party to it." Whether the signatures of MacDonald are treated as ambiguous or as those of an accommodation party, he would be deemed an indorser or guarantor of...reveals that by rejecting on the merits plaintiff's argument, raised for the first time with regard to the motion to reargue, that MacDonald was an accommodation party, the court, in effect, granted...defendant MacDonald to dismiss the complaint, and otherwise affirmed, without costs or disbursements. In March of 1976, plaintiff...


Court: Appellate Division of the Supreme Court of New York, First Department.
Date: Feb 21, 1984 Cited By: 0
18

...the Borrower as Maker, endorser, drawer, acceptor, guarantor, accommodation party or otherwise, and whether due or to become due, secured or unsecured, absolute or contingent, joint or several, and...instruments of any and all kinds constituting or evidencing obligations or liabilities, present or future, of Borrower to the Bank, whether of Borrower alone or in conjunction with others, whether incurred by...howsoever or whenever acquired by the Bank, including any renewals and extensions. . . . At the time appellant signed the form, spaces for the name of the borrower...


Court: Court of Appeals of Kentucky.
Date: Nov 16, 1983 Cited By: 7 Coram: 1
19

...liabilities incurred by the Borrower in any capacity (including as maker, endorser, guarantor, accommodation party or otherwise) and shall also include the amount of any payment made by the Borrower to the Bank...Guarantor hereby waives presentment, demand, diligence, notice of acceptance and any other notice with respect to any of the Indebtedness and/or this Guaranty and any requirement that the Bank exhaust...any right or take any action against the Borrower or any other person or entity or any collateral. . . . Section 12. Other Guarantors. The Guarantor shall...


Court: Superior Court of New Jersey, Appellate Division.
Date: Jul 18, 2000 Cited By: 1
20

..., absolute or contingent, liquidated or unliquidated and whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise...or unliquidated and whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party, or otherwise, and whether recovery upon such amounts...Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party, or otherwise, and whether recovery upon such amounts may be or hereafter may become...


Court: UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA SECTION A
Date: Oct 18, 2013 Cited By: 4 Coram: 1

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