Legal Opinion
Bankers Trust (Delaware) v. 236 Beltway Inv.
District Court, E.D. Virginia
Decided September 28, 1994No. Civ. A. 94-518-APublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
In this case, two general partners of a limited partnership seek to avoid personal liability for a debt of the partnership on the ground that the note evidencing the debt should be reformed to include a non-recourse provision. According to the general partners, the partnership and the lending bank inadvertently omitted the non-recourse provision, and this Court should reform the note to correct this mutual mistake. The note-holder here seeks summary judgment on the ground that it is a holder in due course of the note, which is a negotiable instrument,…
2Cases cited31 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Nicholas M. Patton v. Richard Bearden, Robert Bearden, and J.M. Bearden, Individually, and D/B/A Bearden Fish FarmsCourt of Appeals for the Sixth Circuit · 1993
- Johnny Overstreet, Administrator of the Estate of David Wilkey, Deceased v. Kentucky Central Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1991
- Hartford Accident & Indemnity Co. v. American Express Co.New York Court of Appeals · 1989
- In Re Nova Real Estate Investment TrustUnited States Bankruptcy Court, E.D. Virginia · 1982
26 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ingram v. EarthmanCourt of Appeals of Tennessee · 1998
- In Re MinbatiwallaUnited States Bankruptcy Court, S.D. New York · 2010
- In Re Conde-DedonatoUnited States Bankruptcy Court, E.D. New York · 2008
- In Re WoodberryUnited States Bankruptcy Court, D. South Carolina · 2008
- Georg v. Metro Fixtures Contractors, Inc.Supreme Court of Colorado · 2008
23 more not listed; retrieve them via the Exa API.