Legal Opinion

Culp v. Tri-County Tractor, Inc.

Idaho Court of Appeals

Decided April 9, 1987No. 16152PublishedCited by 14 opinions

1Opinion of the Court

SUBSTITUTE OPINION

Upon Denial of Petition for Rehearing

This opinion supersedes the Court’s prior opinion dated August 22, 1986.

BURNETT, Judge.

This case presents difficult issues of law and equity relating to subordination agreements. The central question is whether subordinated promissory notes may be deemed in default, and accelerated, while a senior obligation remains outstanding. The district court answered this question in the affirmative and entered judgments for the holders of the notes. For reasons explained below, we vacate the judgments and remand the case.

The material facts are…

2Cases cited11 opinions

  1. P. M. Finance Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1962
  2. JR Simplot Company v. ChambersIdaho Supreme Court · 1960
  3. Standard Brands Inc. v. StraileAppellate Division of the Supreme Court of the State of New York · 1965
  4. Wisnouse v. TelseyDistrict Court, S.D. New York · 1973
  5. Hershey v. SimpsonIdaho Court of Appeals · 1986

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

3Cited by14 opinions

  1. Strosberg v. Brauvin Realty Services, Inc.Appellate Court of Illinois · 1998
  2. Upic & Co. v. Kinder-Care Learning Centers, Inc.District Court, S.D. New York · 1992
  3. Blickenstaff v. CleggIdaho Supreme Court · 2004
  4. Sutheimer v. StoltenbergIdaho Court of Appeals · 1995
  5. In Re Estate of PickettCourt of Appeals of Mississippi · 2004

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

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