Legal Opinion

Bank of Nova Scotia v. St. Croix Drive-In Theatre, Inc.

Court of Appeals for the Third Circuit

Decided February 16, 1984No. Nos. 83-3055, 83-3074PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this Virgin Islands case, the district court held that a lessor in the real estate development business was not a compensated surety. Therefore, when the creditor granted the tenant an extension of time for repayment of a loan, the lessor/surety was discharged from its obligation under a tripartite agreement. The court also found that the parties had intended that a mortgage given to the creditor apply only to a leasehold and not the fee interest. We agree with these conclusions and will affirm.

After a bench trial, the district court entered judgment…

2Cases cited6 opinions

  1. Honolulu Roofing Co. v. FelixHawaii Supreme Court · 1967
  2. Bank of Nova Scotia v. St. Croix Drive-In Theatre, Inc.District Court, Virgin Islands · 1982
  3. Overly Special School District v. HaberWisconsin Supreme Court · 1927
  4. Gellis v. S. Gellis & Co., Inc.Court of Chancery of Delaware · 1974
  5. Standard Accident Insurance v. MuellerAppellate Court of Illinois · 1937

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Bank Of Nova Scotia v. St. Croix Drive-In Theatre, Inc.Court of Appeals for the Third Circuit · 1984
  2. Warminster Equities, LLC v. Warminster Commerce, LLCCourt of Appeals for the Third Circuit · 2012

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