Gordon v. Corporate Insurance Services, Inc.
Gordon v. Corporate Insurance Services, Inc.
Opinion of the Court
Lawrence Gordon, defendant, appeals an adverse final money judgment in an action on a note and personal guaranty.
“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.
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.
Reference
- Full Case Name
- Lawrence A. GORDON v. CORPORATE INSURANCE SERVICES, INC.
- Cited By
- 3 cases
- Status
- Published