Legal Opinion
First National Bank v. Avtek, Inc.
Supreme Court of Vermont
Decided June 1, 1976No. 341-75PublishedCited by 2 opinions
1Opinion of the CourtLarrow, J.
The State of Vermont claims to have issued a tax refund of $138,816.00 to Avtek, Inc., in error, and seeks to recover that payment from The First National Bank of Boston, to whom the payment check was turned over for application on Avtek’s mortgage indebtedness. Whatever the theory said to justify such recovery, its merits are not before us, and must await resolution in another forum. The Bank asserts that the forum is not within the State of Vermont, relying on the National Bank Venue Act (12 U.S.C. § 94).
The payment in issue is not questioned, nor is the fact that it was indeed paid to the…
2Cases cited12 opinions
- Mercantile Nat. Bank at Dallas v. LangdeauSupreme Court of the United States · 1963
- Casey v. AdamsSupreme Court of the United States · 1880
- Michigan National Bank v. RobertsonSupreme Court of the United States · 1963
- Buffum v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Seventh Circuit · 1951
- Northside Iron and Metal Company, Inc. v. Dobson and Johnson, Inc., and the Third National BankCourt of Appeals for the Third Circuit · 1973
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3Cited by2 opinions
- Pennconn Enterprises, Ltd. v. HuntingtonSupreme Court of Vermont · 1987
- Stephen Bain v. Peter Potanas, William Lawhorn and Andrew PallitoSupreme Court of Vermont · 2012