Legal Opinion
Bass v. SOUTHTRUST BANK OF BALDWIN CTY.
Supreme Court of Alabama
Decided January 13, 1989No. 87-706PublishedCited by 1,106 opinions
1Opinion of the Court
The central question presented by this appeal is whether summary judgment was appropriate. In determining that question, we must apply the "substantial evidence" rule. Ala. Code 1975 § 12-21-12.
The dispute involved is whether SouthTrust Bank, which had made a business loan to the debtor and other partners, properly took money from a deposit made by the debtor and applied it to pay the balance due on the note. Two basic questions are presented:
1) Did the debtor present substantial evidence to show that the bank was equitably estopped to make the set off?
2) Was the deposit of the debtor a…
2Cases cited29 opinions
- Wilson v. BrownSupreme Court of Alabama · 1986
- Torres v. State Farm Fire & Cas. Co.Supreme Court of Alabama · 1983
- Whatley v. Cardinal Pest ControlSupreme Court of Alabama · 1980
- Tonyan Construction Co. v. McHenry State Bank (In Re Tonyan Construction Co.)United States Bankruptcy Court, N.D. Illinois · 1983
- Samuel Kaufman, as Trustee in Bankruptcy of A-Ok Motor Lines, Inc. v. The First National Bank of Opp, AlabamaCourt of Appeals for the First Circuit · 1974
24 more not listed; retrieve them via the Exa API.
3Cited by1,106 opinions
- Hanners v. Balfour Guthrie, Inc.Supreme Court of Alabama · 1990
- Blue Cross and Blue Shield v. HodurskiSupreme Court of Alabama · 2004
- Williams v. State Farm Mut. Auto. Ins. Co.Supreme Court of Alabama · 2003
- Dow v. Alabama Democratic PartySupreme Court of Alabama · 2004
- Ex Parte General Motors Corp.Supreme Court of Alabama · 1999
1,101 more not listed; retrieve them via the Exa API.