Legal Opinion
Rainsville Bank v. Willingham
Supreme Court of Alabama
Decided January 10, 1986No. 83-913PublishedCited by 22 opinions
1Opinion of the Court
This is an action for conversion and fraud. The jury awarded $125,000 to the plaintiffs. The trial court granted a remittitur of $25,000. The source of the controversy is an attachment by the defendant bank of funds deposited by one of the plaintiffs.
In January of 1981 John and Joan Willingham filed a petition in bankruptcy under Chapter 13 of Title 11, U.S.C. Among their creditors was the Rainsville Bank, which held two notes they had executed, one for $63,064.08, secured by a second mortgage on their home, and the other for $6,448.32, for which the bank held a security interest in a…
2Cases cited8 opinions
- General Motors Corp. v. EdwardsSupreme Court of Alabama · 1985
- Roan v. SmithSupreme Court of Alabama · 1961
- Old Southern Life Ins. Co. v. WoodallSupreme Court of Alabama · 1977
- Samuel Kaufman, as Trustee in Bankruptcy of A-Ok Motor Lines, Inc. v. The First National Bank of Opp, AlabamaCourt of Appeals for the First Circuit · 1974
- Ray Hughes Chevrolet, Inc. v. GordonSupreme Court of Alabama · 1975
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bass v. SOUTHTRUST BANK OF BALDWIN CTY.Supreme Court of Alabama · 1989
- Mancuso v. United Bank of PuebloSupreme Court of Colorado · 1991
- Casa Orlando Apartments, Ltd. v. Federal National Mortgage Ass'nCourt of Appeals for the Fifth Circuit · 2010
- Crown Life Ins. Co. v. SmithSupreme Court of Alabama · 1995
- E & S FACILITIES, INC. v. Precision Chipper Corp.Supreme Court of Alabama · 1990
17 more not listed; retrieve them via the Exa API.