Legal Opinion

Aardwoolf Corporation, Formerly Known as Spectrum Development Company, Inc. v. Nelson Capital Corporation

Court of Appeals for the Second Circuit

Decided November 4, 1988No. 1264, Docket 88-7192PublishedCited by 10 opinions

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge:

Spectrum Development Company, Inc. (presently Aardwoolf Corporation) appeals from a summary judgment of the United States District Court for the Eastern District of New York (Korman, J.) dismissing Spectrum's complaint against Nelson Capital Corporation. Spectrum's action sought recovery of a proportionate amount of prepaid interest on a long-term loan that allegedly was unearned because of prepayment of the principal balance. For the reasons hereafter assigned, we reverse.

Spectrum is a "small-business concern", as that term is defined in the Small Business…

2Cases cited14 opinions

  1. Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980
  2. William Johnson and Joan Johnson, His Wife, and Cross-Appellees v. McCrackin Ford, Inc., and Ford Motor Credit Company, Inc., and Cross-AppellantsCourt of Appeals for the Third Circuit · 1975
  3. Iconco, a Corporation, and Cross-Appellant v. Jensen Construction Company, a Corporation, and Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1980
  4. Evans v. National Bank of SavannahSupreme Court of the United States · 1919
  5. The City Bank of Columbus v. . Bruce and FoxNew York Court of Appeals · 1858

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3Cited by10 opinions

  1. Joseph Monti and Tita Monti v. United StatesCourt of Appeals for the Second Circuit · 2000
  2. In Re Solutia Inc.United States Bankruptcy Court, S.D. New York · 2007
  3. Crandal v. Ball, Ball & Brosamer, Inc.Court of Appeals for the Ninth Circuit · 1996
  4. 41 cont.cas.fed. (Cch) P 77,009, 96 Cal. Daily Op. Serv. 7964, 96 Daily Journal D.A.R. 13,213 Gregory Lee Crandal Dba Engineered Coatings, Inc. Lyle John Hitchcock v. Ball, Ball and Brosamer, Inc. Don Meek Milton Greenstein Hal StolberCourt of Appeals for the Ninth Circuit · 1996
  5. Concrete Tie of San Diego, Inc. v. Liberty Construction, Inc.Court of Appeals for the Ninth Circuit · 1997

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