Legal Opinion
W.H. Horney v. Covington County Bank, Dick Poling and Bob Poling v. Covington County Bank of Collins, Mississippi
Court of Appeals for the Fifth Circuit
Decided October 3, 1983No. 82-4255, 82-4307PublishedCited by 8 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
This is a dispute over the application of the Mississippi Uniform Commercial Code. We must decide whether an instrument presented to the appellee Covington County Bank (the Bank) obligated the Bank to pay or dishonor within the midnight deadline required by Miss.Code Ann. § 75-4-302. We disagree with the district court’s conclusion that the Bank was only a collector of these drafts; and we reverse.
BACKGROUND
These consolidated appeals arise out of the cattle business of one A.A. Cervantes, doing business under the name Cattle Company. Horney and Poling,…
2Cases cited9 opinions
- Farmers Cooperative Livestock Market, Inc. v. Second National Bank of LondonCourt of Appeals of Kentucky (pre-1976) · 1968
- Engine Parts v. Citizens Bank of ClovisNew Mexico Supreme Court · 1978
- New Ulm State Bank v. BrownCourt of Appeals of Texas · 1977
- The Union Bank of Benton, Arkansas v. The First National Bank in Mt. Pleasant, TexasCourt of Appeals for the First Circuit · 1980
- Pecos County State Bank v. El Paso Livestock Auction Co., Inc.Court of Appeals of Texas · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Universal Premium Acceptance Corporation v. The York Bank & Trust CompanyCourt of Appeals for the Third Circuit · 1995
- Gathercrest Ltd. v. First American Bank & TrustDistrict Court, M.D. Florida · 1985
- Wells Fargo Bank, N.A. v. Citizens Bank of Texas, N.A., Texas Court of Appeals, 10th District (Waco)2005
- National City Bank v. Ohio National Life Assurance Corp.Ohio Court of Appeals · 1996
- W.H. Horney v. Covington County Bank, Dick Poling and Bob Poling v. Covington County Bank of Collins, MississippiCourt of Appeals for the Fifth Circuit · 1984
3 more not listed; retrieve them via the Exa API.