Legal Opinion
Bricks Unlimited, Inc. v. Ralph L. Agee
Court of Appeals for the Fifth Circuit
Decided April 15, 1982No. 81-4346PublishedCited by 15 opinions
1Opinion of the Court
TATE, Circuit Judge:
This interpleader action involves two principal issues. The first issue is whether a holder in due course of a negotiable instrument is entitled to priority of payment over a judgment creditor of the instrument’s payee, where, prior to transfer of the instrument to the holder in due course, the creditor has caused a writ of garnishment to be served upon the maker of the instrument. We agree with the district court that, in such a situation, the holder in due course is entitled to priority.
The second issue concerns whether, under Louisiana community property law, the…
2Cases cited14 opinions
- United States v. MitchellSupreme Court of the United States · 1971
- Anne Goyne Mitchell v. Commissioner of Internal Revenue, Jane Isabell Goyne Sims v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1970
- General Investment Corp. v. AngeliniSupreme Court of New Jersey · 1971
- Corporacion Venezolana De Fomento v. Vintero Sales Corp.District Court, S.D. New York · 1978
- Humble Oil & Refining Co. v. CopelandCourt of Appeals for the Fourth Circuit · 1968
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hussain v. Boston Old Colony InsuranceCourt of Appeals for the Fifth Circuit · 2002
- In Re Nationwide Mutual Fire Insurance CompanyCourt of Appeals for the Fourth Circuit · 1984
- New Bedford Institution for Savings v. GildroyMassachusetts Appeals Court · 1994
- Schwegmann Bank & Trust Company of Jefferson v. Cecil R. SimmonsCourt of Appeals for the Fifth Circuit · 1989
- Marine Indemnity Insurance Co. of America v. Lockwood Warehouse & StorageCourt of Appeals for the Fifth Circuit · 1997
10 more not listed; retrieve them via the Exa API.