[DOWNLOAD] "Meadow Brook National Bank v. Albert A. Bzura" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Meadow Brook National Bank v. Albert A. Bzura
- Author : Supreme Court of New York
- Release Date : January 20, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
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 written guarantee simultaneously executed and delivered by the guarantor. It thus seeks to avoid the exception to the parol evidence rule which does not bar proof of an oral condition precedent to the becoming effective of an integrated written agreement.