Legal Opinion

James L. Martin v. Commercial Securities Company, Inc.

Court of Appeals for the Fifth Circuit

Decided September 27, 1976No. 75-2519PublishedCited by 43 opinions

1Opinion of the Court

LYNNE, District Judge:

This appeal presents an issue of first impression in this circuit, involving substantial consequences both to consumers and to the consumer credit industry. That issue, ultimately stated, is whether an acceleration clause in a consumer note is a term of credit required to be disclosed by the Truth in Lending Act (the Act) 1 and Regulation Z 2 promulgated thereunder.

On August 30, 1973, James L. Martin obtained a consumer loan from Commercial Securities Company, Inc. (Commercial), in the principal amount of $464.67. At the time of this credit transaction Martin executed a…

2Cases cited22 opinions

  1. Richards v. United StatesSupreme Court of the United States · 1962
  2. Corning Glass Works v. BrennanSupreme Court of the United States · 1974
  3. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
  4. Jarecki v. G. D. Searle & Co.Supreme Court of the United States · 1961
  5. Garza v. Chicago Health Clubs, Inc.District Court, N.D. Illinois · 1972

17 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Mary S. Smith v. Don Chapman, D/B/A Don Chapman Motor SalesCourt of Appeals for the Fifth Circuit · 1980
  2. Olga Valencia and Miguel Gonzalez v. Anderson Bros. Ford and Ford Motor Credit CompanyCourt of Appeals for the Seventh Circuit · 1980
  3. Cheryl A. Meyers, Plaintiff-Appellee-Cross v. Clearview Dodge Sales, Inc., Defendant-Appellant-Cross Chrysler Credit CorporationCourt of Appeals for the Fifth Circuit · 1976
  4. Edwin Grant and Lauretta Grant Johnson v. Imperial Motors, Nathaniel Johnson v. Imperial Motors, Johnnie Mae Gordon v. Backus Cadillac-Pontiac, Inc.Court of Appeals for the Fifth Circuit · 1976
  5. McCullar v. UNIV. UNDERWRITERS LIFE INS.Supreme Court of Alabama · 1996

38 more not listed; retrieve them via the Exa API.

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