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RENEWAL AND EXTENSION OF TIME IN CONTINUING GUARANTY

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Abstract

In general, the guarantor of a single credit transaction is released by an extension of time to the principal debtor. This doctrine was questioned by Blackburn J, in Polak v. Everett, and very recently by an eminent New York judge. The refusal of the courts to apply the doctrine in favor of commercial surety companies unless there is actual prejudice, demonstrates a certain dissatisfaction with the rule.

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