Chase Federal Bank v. Kim

Chase Federal Bank seeks certiorari review of a partial summary judgment which in essence held that a variable interest rate note tied to the interest rate of United States Treasury Notes was not for a “sum certain” 1 and for that reason not negotiable, and therefore Chase Federal could not be a holder in due course.

We deny the petition for certiorari not because such a variable interest rate note is not negotiable but because the issue should be raised in a direct plenary appeal from a final judgment and does not justify certiorari review of a non-final partial summary judgment.

DENIED.

GOSHORN…