JURITEXT000006952564 Généré par l'IA

Custodian Liability After Principal Debtor's Successful Appeal

Numéro de cause JURITEXT000006952564

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-15

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A lower court wrongly held a custodian of funds jointly liable with the principal debtor for a debt where the custodian had guaranteed the debt only if the principal debtor failed to perform, and the principal debtor had successfully appealed the judgment against them, because the accessory guarantor's obligation, being conditional upon the principal debtor's default, could not survive the principal debtor's successful challenge to the debt itself.

Regeste Legislator

Généré par l'IA

Custodian Liability After Principal Debtor's Successful Appeal: A lower court wrongly held a custodian of funds jointly liable with the principal debtor for a debt where the custodian had guaranteed the debt only if the principal debtor failed to perform, and the principal debtor had successfully appealed the judgment against them, because the accessory guarantor's obligation, being conditional upon the principal debtor's default, could not survive the principal debtor's successful challenge to the debt itself.