Legal Opinion
The Chase Manhattan Bank, a National Banking Association v. The First Marion Bank, a Banking Corporation
Court of Appeals for the First Circuit
Decided February 5, 1971No. 29049PublishedCited by 40 opinions
1Opinion of the Court
DYER, Circuit Judge:
Chase Manhattan Bank appeals from the District Court’s dismissal, pursuant to Fed.R.Civ.P. 41(b), of its breach of contract action. Chase contends that the court erred in refusing to admit parol evidence concerning the circumstances surrounding, and duration of, an allegedly ambiguous subordination and standby agreement with First Marion Bank, defendant in this case. Because evidence should have been admitted to explain and supplement the terms of the written agreement, we reverse.
To understand the rationale for our decision, it is essential to consider this controversy in…
2Cases cited26 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- Bethlehem Steel Co. v. Turner Construction Co.New York Court of Appeals · 1957
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Mencher v. WeissNew York Court of Appeals · 1953
21 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Pennzoil Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1981
- Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
- Eagle-Picher Industries, Inc. v. Liberty Mutual InsuranceCourt of Appeals for the First Circuit · 1982
- Nycal Corp. v. INOCO PLCDistrict Court, S.D. New York · 1997
- Pennzoil Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1986
35 more not listed; retrieve them via the Exa API.