Legal Opinion

James E. Klapmeier, Jack Dekker, Zaven A. Dadekian, and David S. Wilbourn, as Assignees of Telecheck International, Inc. v. Harry M. Flagg

Court of Appeals for the Ninth Circuit

Decided May 19, 1982No. 81-4105PublishedCited by 1 opinion

1Opinion of the Court

MERRILL, Circuit Judge:

This action has been brought by appellants on a promissory note executed by ap-pellee and assigned to appellants by the payee. Jurisdiction is founded on diversity of citizenship. The appeal is taken from summary judgment rendered in favor of appellee. The question presented is whether appellee was entitled to set off debts owed to him by the payee against the amount due on the note. We agree with the District Court that he was.

Telecheck International, Inc. (TCI) was formed in 1963 in the State of Hawaii largely through the efforts of appellee. In 1969 it entered into…

2Cases cited6 opinions

  1. John Costello, Trustee in Bankruptcy of Leonard Plumbing and Heating J. A. Fazio and Lawrence C. Ambrose v. J. A. Fazio and Lawrence C. AmbroseCourt of Appeals for the Ninth Circuit · 1958
  2. In Re Branding Iron Steak HouseCourt of Appeals for the Ninth Circuit · 1976
  3. Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
  4. Bayliss v. RoodCourt of Appeals for the Fourth Circuit · 1970
  5. Charles E. Hoppe, Trustee of the Estate of Los Gatos Lumber Products, Inc., Bankrupt v. Emmet L. RittenhouseCourt of Appeals for the Ninth Circuit · 1960

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3Cited by1 opinion

  1. In Re Delta Smelting & Refining Alaska, Inc.United States Bankruptcy Court, D. Alaska · 1985

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