Legal Opinion
Farmers & Merchants Bank v. Gibson
United States Bankruptcy Court, N.D. Florida
Decided December 3, 1980No. 19-40085PublishedCited by 50 opinions
1Opinion of the Court
OPINION
N. SANDERS SAULS, Bankruptcy Judge.
Further proceedings in the trial of this cause hinge upon whether the doctrine of marshaling should be applied as contended by the defendant trustee.
Originally, the plaintiff bank loaned $150,000 to the corporate automobile dealership of which the defendant is now the trustee. In connection with this loan the corporation’s promissory note was guaranteed by its president and principal stockholder, individually, and also by his wife.
This loan, which was obtained for working capital, was secured by a mortgage [a second mortgage] upon the corporation’s…
2Cases cited8 opinions
- Meyer v. United StatesSupreme Court of the United States · 1963
- United Companies Financial Corp. v. BrantleyUnited States Bankruptcy Court, N.D. Florida · 1980
- In Re Jack Green's Fashions For Men Big And Tall, Inc.Court of Appeals for the Eighth Circuit · 1979
- Moser Paper Co. v. North Shore Publishing Co.Wisconsin Supreme Court · 1978
- C. Gotzian & Co. v. ShakmanWisconsin Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Fundex Capital Corp. v. Balaber-Strauss (In Re Tampa Chain Co.)United States Bankruptcy Court, S.D. New York · 1985
- Peoples Bank of Tuscaloosa v. Computer Room, Inc. (In Re Computer Room, Inc.)United States Bankruptcy Court, N.D. Alabama · 1982
- Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
- In Re Elsinore Shore AssociatesUnited States Bankruptcy Court, D. New Jersey · 1988
- Stuhley v. United States Small Business Administration (In Re United Medical Research, Inc.)United States Bankruptcy Court, C.D. California · 1981
45 more not listed; retrieve them via the Exa API.