NEW JERSEY BANK v. PALLADINO


77 N.J. 33 (1978)

389 A.2d 454

NEW JERSEY BANK (NATIONAL ASSOCIATION), A CORPORATION OF THE UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, v. JOSEPH P. PALLADINO, DEFENDANT, AND FIRST STATE BANK OF HUDSON COUNTY, DEFENDANT-RESPONDENT, AND FEDERAL DEPOSIT INSURANCE CORP., INTERVENOR-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 10, 1978.


Attorney(s) appearing for the Case

Mr. Allan A. Maki argued the cause for appellant.

Ms. Dorothea O'C. Wefing argued the cause for intervenor-respondent (Messrs. Schumann, Hession, Kennelly and Dorment, attorneys).

No appearance was made on behalf of respondent First State Bank of Hudson County.


The opinion of the court was delivered by SCHREIBER, J.

This case involves the effect of a written assurance given by defendant First State Bank of Hudson County to plaintiff New Jersey Bank to induce it to loan Joseph P. Palladino $50,000. The document stated that if Palladino did not repay the $50,000 debt, which was evidenced by a note, defendant bank would honor that commitment. The crucial question is whether that paper was an illegal guaranty or a valid letter...

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