Saada v. Grumman Credit Corp.

583 So. 2d 430, 1991 Fla. App. LEXIS 8145, 1991 WL 147733

Opinion

PER CURIAM.

We find no error in the trial court finding that the appellant, individually guaranteed the obligation of a corporation in which he was a principal, Vacation, Inc. v. Southeast First Leasing, Inc., 358 So.2d 105 (Fla. 3d DCA 1978); Chemical Bank v. Kaufman, 142 A.D.2d 526, 530 N.Y.S.2d 582 (N.Y.App.Div.1988),¹ and that the guarantor could not successfully urge a lack of notice of default to the principal obligor. Chris Craft Industries, Inc. v. Van Valkenberg, 267 So.2d 642 (Fla.1972); Anderson v. Trade Winds Enterprises Corp., 241 So.2d 174 (Fla. 4th DCA 1970); cf United States v. Little Joe Trawlers, Inc., 776 F.2d 1249 (5th Cir.1985) (Interpreting Texas Law.)

Final judgment is affirmed.

Affirmed.

Footnotes

1

. To adopt appellant’s argument that he executed the guarantee only in a corporate capacity would make the guarantee superfluous or a legal nullity because the corporation would be guaranteeing its own debt. Central National Bank of Miami v. Muskat Corporation of America, Inc., 430 So.2d 957 (Fla. 3d DCA 1983); Stein v. Miss Franie’s, Inc., 417 So.2d 726 (Fla. 1st DCA 1982); Roy v. Davidson Equipment, Inc., 423 So.2d 496 (Fla 4th DCA 1982).