Partners borrowed substantial sums from the claimant bank. A charge on the property made each jointly and severally liable for the debts. After default, the bank sought repayment from one partner of sums lent outside the partnership to the other. The appellant asserted that this made him guarantor of the partner, and that any ambiguity should be construed in the surety’s favour. The court held that the words were clear and imported the necessary meaning throughout the charge, and the meaning was not outside the parties intentions.
Citations:
Gazette 13-Jul-2000, Gazette 27-Jul-2000
Jurisdiction:
England and Wales
Land
Updated: 10 May 2022; Ref: scu.77683
