Legal Opinion
Founders Bank and Trust Co. v. Upsher
Supreme Court of Oklahoma
Decided March 17, 1992No. 68660PublishedCited by 41 opinions
1Opinion of the Court
OPALA, Chief Justice.
Two questions are presented on certiora-ri: (1) Were the guarantors entitled to credit on the Bank’s judgment against them for the fair market value of the property sold at sheriff’s sale rather than for the amount of the sale’s confirmed proceeds? and (2) Did the trial court correctly allot the amount realized from the security’s sale to that portion of the judgment that is unaffected by the guaranty agreement? We answer the first question in the negative and the second question in the affirmative.
I
THE ANATOMY OF LITIGATION
Founders Bank and Trust Co. [Bank] lent money to…
2Cases cited33 opinions
- Hulsey v. Mid-America Preferred Insurance Co.Supreme Court of Oklahoma · 1989
- Mercury Investment Co. v. F.W. Woolworth Co.Supreme Court of Oklahoma · 1985
- Horizons, Inc. v. Keo Leasing Co.Supreme Court of Oklahoma · 1984
- Mayhue v. MayhueSupreme Court of Oklahoma · 1985
- Eckel v. AdairSupreme Court of Oklahoma · 1984
28 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Neil Acquisition, L.L.C. v. Wingrod Investment Corp.Supreme Court of Oklahoma · 1996
- Whitehorse v. JohnsonSupreme Court of Oklahoma · 2007
- Rollings v. Thermodyne Industries, Inc.Supreme Court of Oklahoma · 1996
- Bank of Oklahoma, N.A. v. Red Arrow Marina Sales & Service, Inc.Supreme Court of Oklahoma · 2009
- Heiman v. Atlantic Richfield Co.Supreme Court of Oklahoma · 1995
36 more not listed; retrieve them via the Exa API.