THE PROVIDENT BANK v. GAST

No. 78-571.

57 Ohio St. 2d 102 (1979)

THE PROVIDENT BANK, APPELLANT, v. GAST ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 28, 1979.


Attorney(s) appearing for the Case

Messrs. Keating, Muething & Klekamp and Mr. Lanny R. Holbrook, for appellant.

Mr. Charles A. Brigham, Jr., and Mr. Robert W. Brigham, for appellees.


CELEBREZZE, C. J.

The fundamental issue raised in this appeal requires a statutory analysis of R. C. 1303.72(A) (1) (Uniform Commercial Code Section 3—606[1] [a]), and can be phrased as follows: When a holder of a note releases two of four co-guarantors from their guaranty, does that release totally discharge the remaining guarantors or does it discharge them only to the extent of their right to contribution from the previously released parties?

The...

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