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2 9 4 . Guaranty.Timothy Martinez, owner of Koenig & Vits, Inc. ( K&V ) , guaranteed K&V s debt to Community Bank &
Guaranty.Timothy Martinez, owner of Koenig & Vits, Inc. K&V guaranteed K&Vs debt to Community Bank & Trust. e guaranty stated that the bank was not required to seek payment of the debt from any other source before enforcing the guaranty. K&V defaulted. rough a Wisconsin state court, the bank sought payment of $ plus interest at the contract rate of percent, from Martinez. Martinez argued that the bank could not enforce his guaranty while other funds were available to satisfy K&Vs debt. For example, the debt might be paid out of the proceeds of a sale of corporate assets. Is this an effective defense to a guaranty? Why or why not? Community Bank & Trust v Koenig & Vits, Inc., Wisd WisApp. See Suretyship and Guaranty"
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