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BISSONNETTE v. WYLIE

No. 92-406.

654 A.2d 333 (1994)

Donald and Claudette BISSONNETTE v. Nicholas J.H. WYLIE, Daniel E. Mendl and Martin V. Lavin.

Supreme Court of Vermont.

Motion for Reargument October 28, 1994.

Attorney(s) appearing for the Case

Donald E. O'Brien, Burlington, for plaintiffs-appellants.

Leslie C. Pratt, South Burlington, for defendants-appellees.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

GIBSON, Justice.

Plaintiffs Donald and Claudette Bissonnette appeal from a summary judgment order in favor of defendants Daniel Mendl and Martin Lavin, claiming the court erred in holding that comakers of a promissory note may be discharged under 9A V.S.A. § 3-606 when the creditor unjustifiably impairs the collateral.1 We hold that the § 3-606 defense is available to a comaker only if the comaker is in the position of a surety...

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