McKEESPORT NAT. BANK v. ROSENTHAL


355 Pa.Super. 291 (1986)

513 A.2d 434

McKEESPORT NATIONAL BANK, Appellant, v. Lowell M. ROSENTHAL and Georgia Rosenthal and Wilfred Weiss and Lila L. Weiss, Appellees.

Supreme Court of Pennsylvania.

Filed July 23, 1986.


Attorney(s) appearing for the Case

Walter F. Baczkowski, McKeesport, for appellant.

Janice L. Morison, Pittsburgh, for Rosenthal, appellees.

Gayle L. Godfrey, Pittsburgh, for Wiess, appellees.

Before ROWLEY, WIEAND and DEL SOLE, JJ.


WIEAND, Judge:

Where the obligation of a surety is absolute and unconditional, is it subject to extinguishment or reduction because the obligee has failed to exercise diligence in collecting accounts receivable which have been assigned by the principal debtor as security for the indebtedness? The trial court held that the creditor's failure to exercise diligence to enforce the accounts receivable constituted a defense to the surety's liability. Therefore, the court...

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