Legal Opinion
Bradford Trust Company of Boston, Cross-Appellee v. Texas American Bank--Houston, Cross-Appellant
Court of Appeals for the Fifth Circuit
Decided May 23, 1986No. 85-2139PublishedCited by 18 opinions
1Opinion of the Court
OPINION
W. EUGENE DAVIS, Circuit Judge:
This diversity case presents the question of who should bear the loss flowing from a fraudulently induced $800,000 wire transfer. We must choose between the institution that honored the forged order of its customer to wire funds and the bank to whom the funds were wired which did not credit the account as directed. On cross-motions for summary judgment the district court applied the Texas comparative negli gence statute, Tex.Rev.Civ.Stat.Ann. art. 2212a (Vernon Supp.1985), 1 and apportioned the loss equally between the two parties. Both parties appeal and…
2Cases cited9 opinions
- Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
- Evra Corp. v. Swiss Bank Corp.Court of Appeals for the Seventh Circuit · 1982
- Delbrueck & Co. v. Manufacturers Hanover Trust CompanyCourt of Appeals for the Second Circuit · 1979
- Perini Corporation and Brown Brothers, Harriman and Company, Plaintiffs v. The First National Bank of Habersham County, Georgia, the Fulton National Bank of Atlanta, Georgia and Morgan Guaranty Trust Company of New York, New York, Perini Corporation and Brown Brothers, Harriman and Company, Plaintiffs v. The First National Bank of Habersham County, Georgia, and the Fulton National Bank of Atlanta, GeorgiaCourt of Appeals for the First Circuit · 1977
- Fair Park National Bank v. Southwestern Investment Co.Court of Appeals of Texas · 1976
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. OdiodioCourt of Appeals for the Fifth Circuit · 2001
- United States v. Susan Carol BriggsCourt of Appeals for the Fifth Circuit · 1992
- United States v. Hibernia National Bank, Defendant-Third-Party Appellant-Cross v. Joseph M. Rault, Jr., Third-Party Defendant-Appellee-Cross-AppellantCourt of Appeals for the Third Circuit · 1988
- Shawmut Worcester County Bank v. First American Bank & TrustDistrict Court, D. Massachusetts · 1990
- Allstate Life Insurance Co. v. John MillerCourt of Appeals for the Eleventh Circuit · 2005
13 more not listed; retrieve them via the Exa API.