INDIANAPOLIS MORRIS PLAN v. KARLEN


28 N.Y.2d 30 (1971)

Indianapolis Morris Plan Corporation, Appellant, v. Bernard E. Karlen et al., Respondents.

Court of Appeals of the State of New York.

Decided February 24, 1971.


Attorney(s) appearing for the Case

Frank H. Connelly for appellant.

Robert P. Wittes for respondents.

Chief Judge FULD and Judges SCILEPPI, BERGAN, JASEN and GIBSON concur; Judge BURKE taking no part.


BREITEL, J.

The issue in this case could hardly be simpler, namely, whether a secured lender may release the collateral security, if so authorized by the instrument of indebtedness signed by the sureties, without discharging the sureties. Confusion has been engendered, thus far, by the failure to distinguish the debtor's equity of redemption, which may not be waived, from the surety's rights in the collateral...

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