Legal Opinion
The Community Bank, Lake Oswego, Oregon v. Bank of Hallandale and Trust Company, Defendant-Third Party Craig G. Kallen v. Jerome Lurie, Third Party
Court of Appeals for the Third Circuit
Decided September 5, 1973No. 72-2845PublishedCited by 5 opinions
1Opinion of the Court
RONEY, Circuit Judge:
The critical question on this appeal is whether the plaintiff bank in Oregon, in making a personal loan, relied on misrepresentations of the trust officer of the defendant bank in Florida regarding the borrower’s financial condition. Although the District Court found the representations to be false, it held that the plaintiff’s tort claim for damages must fail for want of reliance. We think that the evidence compels a finding of justified reliance and reverse.
On May 31, 1971, Jerome A. Lurie executed a $50,000 promissory note payable to plaintiff, The Community Bank, Lake…
2Cases cited10 opinions
- Gleason v. Seaboard Air Line Railway Co.Supreme Court of the United States · 1929
- Ramel v. Chasebrook Construction CompanyDistrict Court of Appeal of Florida · 1961
- Stackpole v. HancockSupreme Court of Florida · 1898
- Fote v. ReitanoSupreme Court of Florida · 1950
- Nevada Bank v. Portland Nat. BankU.S. Circuit Court for the District of Oregon · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fed. Sec. L. Rep. P 97,931 Aubrey L. Stowell, Terry Beye v. Ted S. Finkel Investment Services, Inc., Stanley H. BeckCourt of Appeals for the Fifth Circuit · 1981
- Barnebey v. E.F. Hutton & Co.District Court, M.D. Florida · 1989
- Southern California Funding, Inc. v. HuttoDistrict Court of Appeal of Florida · 1983
- Reimsnyder v. Southtrust Bank, NADistrict Court of Appeal of Florida · 2003
- The Community Bank, Lake Oswego, Oregon v. Bank of Hallandale and Trust Company, Defendant-Third Party Craig G. Kallen v. Jerome Lurie, Third PartyCourt of Appeals for the Third Circuit · 1973