In re Estate of Melvin
Illinois Appellate Court
283 N.E.2d 303 (1972)
Relevant factsFree
Melco issued a $12,000 promissory note to Floor (plaintiff) that included a statement guaranteeing Floor against loss from nonpayment, signed by Melco's president Melvin; after Melvin's death, Floor sued his estate (defendant) for repayment without alleging she had obtained a judgment against Melco, that Melco was insolvent, or that collection from Melco was otherwise impossible. The trial court dismissed Floor's claim, and she appealed.
IssueFree
Whether a guarantor who guarantees the collection of another party's obligation under an instrument is required to pay the debt only if it is apparent that payment cannot be obtained from the other party.