Legal Opinion

Schwegmann Bank & Trust Co. Of Jefferson v. Elva S. Falkenberg, Charles B. Caldwell, Jr.

Court of Appeals for the Fifth Circuit

Decided May 28, 1991No. 90-4580PublishedCited by 5 opinions

1Opinion of the Court

DUHÉ, Circuit Judge.

Pursuant to Louisiana’s version of the Uniform Commercial Code, a bank sued for collection on several investor notes, and the district court granted the bank’s motion for summary judgment. One of the defendants, Charles B. Caldwell, Jr., now claims that he raised a triable issue of fact on whether his note was negotiable and whether the bank was entitled to holder in due course rights under the shelter rule. We affirm.

Schwegmann Bank and Trust Company of Jefferson, which held Caldwell’s note, sued for collection when Caldwell failed to pay the interest due on the note.…

2Cases cited16 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  4. Susan Waltman v. International Paper Co.Court of Appeals for the Fifth Circuit · 1989
  5. Odie Joe Reid v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986

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

3Cited by5 opinions

  1. Piper v. GoodwinCourt of Appeals for the Sixth Circuit · 1994
  2. Amberboy v. Societe De Banque PriveeTexas Supreme Court · 1992
  3. Amberboy v. Societe De Banque PriveeTexas Supreme Court · 1992
  4. Automotive Leasing Specialists, L.L.C. v. LittleDistrict Court, W.D. Louisiana · 2008
  5. Piper v. GoodwinCourt of Appeals for the Sixth Circuit · 1994

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