Legal Opinion
Swiss Credit Bank v. Henry Balink
Court of Appeals for the Tenth Circuit
Decided March 17, 1980No. 77-1880PublishedCited by 5 opinions
1Opinion of the Court
LOGAN, Circuit Judge.
This appeal arises out of a suit brought by Swiss Credit Bank, located in Switzerland, against Henry Balink for- return of $11,500 it paid to him on a check over a stop payment order. Judgment was entered, after trial, in favor of the Bank on the basis of subrogation under what is now N.M.Stat.Ann. § 55-4-407 (1978) and the common law theory of unjust enrichment. Balink appealed.
The dispute has its origins in an agreement for the sale of a sculpture between Balink, an art dealer, and Wyoming Foundry Studios Establishment, a Lichtenstein corporation wholly owned by Harry…
2Cases cited3 opinions
- Sunshine v. Bankers Trust Co.New York Court of Appeals · 1974
- South Shore National Bank v. DONNERNew Jersey Superior Court Appellate Division · 1969
- Manufacturers Hanover Trust Co. v. Ava Industries, Inc.New York Supreme Court · 1978
3Cited by5 opinions
- Yavuz v. 61 MM, Ltd.Court of Appeals for the Tenth Circuit · 2006
- Savings Banks Trust Co. v. Federal Reserve BankDistrict Court, S.D. New York · 1984
- Hopi Indian Credit Ass'n v. ThomasHopi Appellate Court · 1998
- Orhan Yavuz v. 61 Mm, Ltd, an Oklahoma Limited Partnership 61 Mm Corp., an Oklahoma Corporation Adi Kamel Mohamed, Also Known as Kamal Adi Fpm S.A., a Corporation, Doing Business as Fpm Finastate Projects Management S.A., a Swiss Corporation, Orhan Yavuz v. 61 Mm, Ltd., an Oklahoma Limited Partnership 61 Mm Corp., an Oklahoma Corporation Adi Kamel Mohamed, Also Known as Kamal Adi Fpm S.A., Doing Business as Fpm Finastate Projects Management S.A., a Swiss CorporationCourt of Appeals for the Tenth Circuit · 2006
- Yavuz v. 61 MM, LTDCourt of Appeals for the Tenth Circuit · 2006