Legal Opinion
Yahn & McDonnell, Inc. v. Farmers Bank of Delaware
Court of Appeals for the Third Circuit
Decided May 13, 1983No. 82-1337PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this diversity case, the district court held that the defendant bank properly refused to pay on its negotiable certificate of deposit presented by an indorsee. The court reasoned that because the holder had acquired the certificate after its maturity date, the bank’s asserted defense of its prior payment to the depositor was valid. We conclude that in view of the specialized nature of a certificate of deposit whether the indorsee was a holder in due course depends upon unresolved factual issues. Moreover, since the payee clause of the original…
2Cases cited14 opinions
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- Fireman's Fund Insurance v. Security Pacific National BankCalifornia Court of Appeal · 1978
- Swiss Baco Skyline Logging, Inc. v. HaliewiczCourt of Appeals of Washington · 1977
- Delmarva Power & Light Co. v. BurrowsSupreme Court of Delaware · 1981
- West Penn Administration, Inc. v. Union National Bank of PittsburghSuperior Court of Pennsylvania · 1975
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3Cited by4 opinions
- Yahn & McDonnell Inc., a Pennsylvania Corporation v. Farmers Bank of the State of Delaware, a Delaware Corporation Delaware Retail Stores, Inc. Insurance Company of North America Delaware Candy & Tobacco Service, a Joint Venture and Paul E. Kessler, M. Binder & Company, and Delmar Merchandise Sales Co., Joint Venturers v. John M. Gray, David Cohen, Fourth Party Appeal of Yahn & McDonnell IncCourt of Appeals for the Third Circuit · 1983
- HARBORVIEW CAPITAL PARTNERS, LLC v. CROSS RIVER BANKDistrict Court, D. New Jersey · 2022
- RICHARD C. BARTEL v. BANK OF AMERICA CORPORATIONDistrict of Columbia Court of Appeals · 2015
- RICHARD C. BARTEL v. BANK OF AMERICA CORPORATIONDistrict of Columbia Court of Appeals · 2016