LAWRENCE A. GORDON, APPELLANT,
v.
CORPORATE INSURANCE SERVICES, INC., APPELLEE
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Lawrence Gordon appeals a judgment on his personal guaranty of a promissory note executed by his corporation to reimburse an insurance company for unpaid workmen's compensation insurance premiums. The court upheld the guaranty, holding that the insurance company's payment of the premium balance provided sufficient consideration for both the note and Gordon's personal guarantee.
The court held that Gordon's personal guaranty is enforceable because when a guaranty is entered into at the time of creation of the principal obligation and becomes an essential ground of credit given to the principal debtor, the same consideration supporting the principal debt suffices for the guaranty contract. C.I.S.'s payment of the premium balance constituted valid consideration for both the promissory note and Gordon's guarantee.
[1] A guaranty entered into at the time of the creation of the principal obligation and essential to the credit given to the principal debtor is supported by the same conside…
[2] Payment by a third party of a debt owed by a corporation constitutes valid consideration for a promissory note executed by the corporation and a personal guaranty of that…
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Join FLexlaw to unlock all legal intelligence“Where, as the record in the instant case conclusively indicates, the guaranty is entered into at the time of the creation of the principal obligation and becomes an essential ground of the credit given to the principal debtor, the same consideration for the principal debt suffices for the contract of guaranty.”
Establishes the controlling legal principle that contemporaneous guaranties receive the same consideration as the principal debt
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn October 1976, 183 Street Development Corporation (of which Gordon was president) purchased workmen's compensation insurance through Corporate Insur…
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HAVERFIELD, Chief Judge.
Lawrence Gordon, defendant, appeals an adverse final money judgment in an action on a note and personal guaranty. In October 1976, 183 Street Development Corporation (183 Corp.), of which Gordon is president, agreed to purchase workmen’s compensation insurance through plaintiff-appellee, Corporate Insurance Services, Inc. (C.I.S.). A policy was issued by Maryland Casualty Company for a period of one year effective October 8, 1976 and in December 183 Corp. paid an estimated quarterly deposit premium of $7,757.1 After the first quarterly audit for the period from October 8 to January 8, 1977 was conducted, Maryland Casualty estimated that 183 Corp. owed, in addition to the deposit, $9,344 for the above quarter. A premium invoice for the $9,344 balance was sent 183 Corp. which did not remit payment. By agreement, however, the balance due on the premium was paid by C.I.S. Consequently, on April 8, 183 Corp. executed the following promissory note which was personally guaranteed by Gordon to evidence its debt owed to C.I.S. for the unpaid balance:
“April 8, 1977
We the undersigned, hereby agree to pay to Corporate Insurance Services, Inc. the sum of $9,344.00 payable to Corporate Insurance Services, Inc. at 8100 S. W. 81 Drive, Miami, Florida in the following installments: 25% down ($2,333.60) on April 8, 1977, $3,505.20 on May 8, 1977, and $3,505.20 on June 8, 1977.
183 Street Development Corporation, ET AL
by President: /s/ Lawrence Gordon (Seal) /s/ Santiago L. Rodriguez
In consideration of the loan by Corporate Insurance Services, Inc. to 183 Street Development Corporation, ET AL, I, Larry Gordon, individually hereby guarantee and agree to pay the above sum on behalf of 183 Street Development Corporation, ET AL.
Signed by: /s/ Lawrence Gordon (Seal) /s/ Santiago L. Rodriguez.”
183 Corp. paid the first installment due ($2,333), but failed to pay the remaining two installments. The policy was cancelled and thereafter C.I.S. instituted the present action against 183 Corp.2 on the above note and Gordon on his personal guaranty. Subsequently, a summary final judgment was entered against 183 Corp. and following a nonjury trial a final judgment for $7,010 plus interest and costs was entered against Gordon as guarantor. Gordon appeals. We affirm.
Gordon primarily argues that his individual guaranty on the promissory note is unenforceable for failure of consideration.
Where, as the record in the instant case conclusively indicates, the guaranty is entered into at the time of the creation of the principal obligation and becomes an essential ground of the credit given to the principal debtor, the same consideration for the principal debt suffices for the contract of guaranty. Jones v. McConnon & Co., 100 Fla. 1158, 130 So. 760 (1930); Anderson v. Trade Winds Enterprises Corp., 241 So. 2d 174, 178 (Fla. 4th DCA 1970).
The payment of the balance due on the premium by C.I.S. was good consideration for the note executed by 183 Corp. and, therefore, good consideration for the obligation of Gordon as guarantor. See 30 Fla. Jur. Suretyship and Guaranty § 42 (1974) and cases cited therein.
We also considered Gordon’s additional point with regards to election of remedies and find no merit therein. See Quarngesser v. Appliance Buyers Credit Corp., 187 So. 2d 662, 664 (Fla. 3d DCA 1966).
Affirmed.
. Because of the nature of workmen’s compensation insurance, the total annual premium is estimated, the insured is required to place a deposit with the insurer for a portion thereof and at the end of each quarter, the amount of the quarterly premium due is adjusted by the insurer. . Not a party to this appeal.
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Herrada v. S & J Realty, Inc., 475 So. 2d 1276 (Fla. 3d DCA 1985)…PER CURIAM. Affirmed. See New York Financial, Inc. v. J & W Holding Co., 396 So. 2d 802 (Fla. 3d DCA 1981); Gordon v. Corporate Insurance Services, Inc., 374 So. 2d 603 (Fla. 3d DCA 1979).…
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SUN Bank OF Riverside v. Taines, 425 So. 2d 646 (Fla. 3d DCA 1983)…er the renewal of the guaranty obligation sued upon was executed contemporaneously with the further extension of credit to the primary obligor. Jones v. McConnon & Co., 100 Fla. 1158, 130 So. 760 (1930); Gordon v. Corporate Insurance Services, Inc., 374 So. 2d 603 (Fla. 3d DCA 1979). Cf. Brandon v. Pittman, 117 Fla. 678, 158 So. 443 (1934); Gibbs v. American National Bank of Jacksonville, 155 So. 2d 651 (Fla. 1st DCA 1963), cert. discharged, 170 So. 2d 821 (Fla.1964). Reversed and remanded.…
Authorities Cited
- Anderson v. Trade Winds Enters. Corp., 241 So. 2d 174 (Fla. 4th DCA 1970)
- Bedford Jones v. McConnon & Co., 100 Fla. 1158 (Fla. 1930)
- Quarngesser v. Appliance Buyers Credit Corp., 187 So. 2d 662 (Fla. 3d DCA 1966)