Legal Opinion
Beach v. Resolution Trust Corp.
Texas Court of Appeals, 1st District (Houston)
Decided September 19, 1991No. 01-90-00855-CVPublishedCited by 10 opinions
1Opinion of the Court
OPINION
COHEN, Justice.
The primary issue before us is whether the Resolution Trust Corporation may assert on appeal for the first time that it is the holder in due course of a judgment and thus avoid its predecessor’s burden to prove that collateral was disposed of in a commercially reasonable manner. We hold that the holder in due course doctrine does not apply to judgments, and that the Resolution Trust Corporation cannot assert that doctrine on appeal for the first time.
This is an appeal from a deficiency judgment for $36,797.11 in favor of the Resolution Trust Corporation (“RTC”), as…
2Cases cited14 opinions
- Tanenbaum v. Economics Laboratory, Inc.Texas Supreme Court · 1982
- Olney Savings & Loan Ass'n v. Trinity Banc Savings Ass'nCourt of Appeals for the Fifth Circuit · 1989
- Will Thurman, Jr. v. Federal Deposit Insurance CorporationCourt of Appeals for the Fifth Circuit · 1990
- Federal Savings & Loan Insurance Corp. v. T.F. Stone-Liberty Land Associates, Texas Court of Appeals, 5th District (Dallas)1990
- Chase Commercial Corp. v. Datapoint Corp., Texas Court of Appeals, 5th District (Dallas)1989
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- BENAVENTE v. Granger, Texas Court of Appeals, 1st District (Houston)2009
- Bailey, Vaught, Robertson and Co. v. Remington Investments, Inc., Texas Court of Appeals, 5th District (Dallas)1994
- Ellen Foley v. Capital One Bank, N.A., Texas Court of Appeals, 14th District (Houston)2012
- City of University Park v. Van Doren, Texas Court of Appeals, 5th District (Dallas)2002
- Resolution Trust Corp. v. Ammons, Texas Court of Appeals, 1st District (Houston)1992
5 more not listed; retrieve them via the Exa API.