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MARINE MIDLAND BANK, N.A. v. SMITH

No. 81-2334.

424 So.2d 83 (1982)

MARINE MIDLAND BANK, N.A., a National Banking Association, Appellant, v. Morton SMITH, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 24, 1983.

Attorney(s) appearing for the Case

J. Robert Olian of Britton, Cohen, Kaufman, Benson & Schantz, Miami, for appellant.

Jeffrey S. Altman of Abramowitz, Altman & Usdan, P.A., Plantation, for appellee.

HERSEY, Judge.

Marine Midland Bank appeals an adverse final judgment in favor of defendant/appellee, Morton Smith. This case arises from a loan by the bank to Bernard Tedlis, taking back a promissory note for $49,712.50 plus interest. Smith executed an agreement guaranteeing the repayment of this or any other obligation of Tedlis to the bank. Tedlis defaulted on the note and the bank filed suit in New York resulting in a judgment for the bank on the principle amount...

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