(Download) "Hayes v. American Nat. Bank of Powell" by Supreme Court of the United States * Book PDF Kindle ePub Free
eBook details
- Title: Hayes v. American Nat. Bank of Powell
- Author : Supreme Court of the United States
- Release Date : January 21, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The asserted questions in this case relate to claims of genuine issues of material fact concerning the satisfaction of a guarantors responsibility for the debt of another. Those asserted genuine issues of material fact encompass the effect of a stipulation entered into between the debtors and the guaranteed creditor in a Chapter 11 Bankruptcy proceeding; an alleged mutual mistake by the guarantor and the creditor with respect to the extent and amount of the guarantee; and the effect of a satisfaction arising out of the acceptance by the creditor of personal property of the debtor in the absence of an appropriate valuation of that property. The questions are academically interesting, but we agree with the determination by the district court that the money in issue was used, in fact, to satisfy a promissory note secured by a mortgage made independently by the guarantor to the appellee, the American National Bank (Bank). Consequently, the asserted genuine issues do not involve a material fact in this instance. There is no genuine issue as to the material facts relating to the independent debt of the guarantor to the bank. We affirm the summary judgment entered by the district court.
 "Hayes v. American Nat. Bank of Powell" by Supreme Court of the United States * Book PDF Kindle ePub Free){kind=link}