Berman Kennedy vs. Darlene Lane-Detman, et al

The defendant Herbert G. Adcox guaranteed, in part, payment of a $35,000 promissory note executed by Darlene Lane-Detman in favor of the plaintiff Berman D. Kennedy. Adcox's guaranty took the form of a post-dated check in the amount of $30,000. When Detman defaulted on the note and Adcox then stopped payment on the check, the plaintiff sued Adcox on the check. The trial court granted Adcox summary judgment, finding that the record before it established a number of affirmative defenses. We affirm the trial court's decision to grant summary judgment to Adcox, because we find that Kennedy modified the repayment terms of Detman's note without Adcox's consent.