Legal Opinion
European American Bank & Trust Co. v. Starcrete International Ind., Inc.
Court of Appeals for the Fifth Circuit
Decided March 13, 1980No. 78-1183PublishedCited by 3 opinions
1Opinion of the Court
TATE, Circuit Judge:
The issue of this appeal concerns the liability of the defendants Johnston Staples and his wife Judy. They are each sued upon a written guaranty to which their names were forged. The plaintiff (the liquidator of an insolvent bank to which the obligation secured by the guaranty had been assigned) appeals from directed-verdict dismissal of its claim. We affirm.
The narrow issue before us concerns the alleged liability of the Stapleses by virtue of Fla.Stats. § 673.3-404 (1965)1 taken verbatim from section 3-404 of the Uniform Commercial Code. This is the only basis for…
2Cases cited5 opinions
- Rakestraw v. RodriguesCalifornia Supreme Court · 1972
- Common Wealth Insurance Systems, Inc. v. KerstenCalifornia Court of Appeal · 1974
- Perini Corp. v. First National BankCourt of Appeals for the Fifth Circuit · 1977
- Swiss Credit Bank v. Chemical BankDistrict Court, S.D. New York · 1976
- North Carolina National Bank v. WallensCourt of Appeals of North Carolina · 1976
3Cited by3 opinions
- Gregoire v. Lowndes BankWest Virginia Supreme Court · 1986
- Polles v. Federal Deposit Ins. Corp.District Court, N.D. Mississippi · 1990
- European American Bank And Trust Co. v. Starcrete International Ind., Inc. Et Al.Court of Appeals for the Fifth Circuit · 1980