Legal Opinion
McFarland v. Brier
Supreme Court of Rhode Island
Decided June 21, 2004No. 2002-500-AppealPublishedCited by 10 opinions
1Opinion of the Court
OPINION
FLANDERS, Justice.
The annals of corporate finance provide us with this fresh illustration of the old saw that “possession is nine-tenths of the law.” A bank, the defendant First Bank and Trust Company (the bank), 1 and a garnishing creditor, the plaintiff Read & Lundy, Inc. and its owner, the plaintiff Clifford McFarland (collectively referred to as Read & Lundy), fell out over a certain certificate of deposit 2 (CD) that the bank issued to the defendant Michael Brier (Brier), a customer of the bank. In 1996, Brier pledged this $200,000 CD to the bank to secure his personal guaranty…
2Cases cited36 opinions
- Brenda Joyce Northrip v. Federal National Mortgage AssociationCourt of Appeals for the Sixth Circuit · 1975
- The Liberty National Bank & Trust Company of Oklahoma City, a National Banking Corporation v. Acme Tool Division of the Rucker CompanyCourt of Appeals for the Tenth Circuit · 1976
- First National Bank in Grand Prairie v. Lone Star Life Insurance Co.Court of Appeals of Texas · 1975
- Jakober v. E. M. Loew's Capitol Theatre, Inc.Supreme Court of Rhode Island · 1970
- In re CopelandCourt of Appeals for the Third Circuit · 1976
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3Cited by10 opinions
- In Re International Banking Corp. B.S.C.United States Bankruptcy Court, S.D. New York · 2010
- Federal Deposit Insurance v. Kipperman (In Re Commercial Money Center, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Fifth Third Bank v. Peoples National BankIndiana Court of Appeals · 2010
- Myers v. ChristensenNebraska Supreme Court · 2009
- In Re Verus Investment Management, LLCUnited States Bankruptcy Court, N.D. Ohio · 2006
5 more not listed; retrieve them via the Exa API.