Legal Opinion
Sunbelt Savings, Fsb Dallas, Texas v. George Michael Montross
Court of Appeals for the Fifth Circuit
Decided January 28, 1991No. 90-1510PublishedCited by 50 opinions
1Opinion of the Court
GEE, Circuit Judge:
Today we decline to extend the federal holder in due course doctrine to protect the FDIC or its successors from the personal defenses of makers of non-negotiable promissory notes, holding that as a matter of federal common law the doctrine does not apply to non-negotiable instruments. Having announced this rule, we go on to conclude that the defendant did submit sufficient evidence to avoid summary judgment on his prevention of performance claim. We also conclude that a summary judgment ruling on defendant’s other affirmative defenses would be premature. Accordingly, we…
2Cases cited10 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- Lillian Washington, Individually and as Administratrix of the Estate of Arsane Washington v. Armstrong World Industries, Inc.Court of Appeals for the Fifth Circuit · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- The Federal Savings & Loan Insurance Corp., Etc., and First Gibraltar Bank, Fsb, Intervenor-Appellee v. Jack GriffinCourt of Appeals for the First Circuit · 1991
- Federal Savings & Loan Insurance, Receiver of Americity Federal Savings Bank v. Nicholas K. KraljCourt of Appeals for the Fifth Circuit · 1992
- Smith v. City of Jackson MSCourt of Appeals for the Fifth Circuit · 2003
- Federal Deposit Insurance Corporation v. The Aetna Casualty & Surety Company v. Jacob F. Butcher Jesse A. Barr and Lionel B. Wilde, Third-PartyCourt of Appeals for the Third Circuit · 1992
- Resolution Trust Corporation as Conservator for Sunbelt Federal Savings, Fsb v. George Michael MontrossCourt of Appeals for the Fifth Circuit · 1991
45 more not listed; retrieve them via the Exa API.