Legal Opinion
St. Lawrence Cement, Inc. v. Spivey
Court of Appeals for the Fourth Circuit
Decided April 3, 1987No. Nos. 86-1622, 86-1625PublishedCited by 1 opinion
1Opinion of the Court
JAMES DICKSON PHILLIPS, Circuit Judge:
These consolidated appeals turn on whether a guaranty with cognovit executed by appellants Spivey and Smith to appellants Lone Star Industries and Lone Star Cement, Inc. (Lone Star), was thereafter assigned by Lone Star to appellees St. Lawrence and Independent Cement Corp. (St. Lawrence). Asserting an assignment, St. Lawrence obtained entry of a judgment by confession on the cognovit against Spivey and Smith. Denying the assignment, Lone Star sought and was denied intervention.
We vacate the judgment by confession on the basis that the guaranty was not *966ass…
2Cases cited6 opinions
- General Motors Acceptance Corp. v. DanielsCourt of Appeals of Maryland · 1985
- Essex International, Inc., a Michigan Corporation v. Earl A. ClamageCourt of Appeals for the Seventh Circuit · 1971
- Sinclair Marketing, Inc. v. SiepertIdaho Supreme Court · 1985
- Kelly-Springfield Tire Co. v. HamiltonMissouri Court of Appeals · 1936
- FinanceAmerica Private Brands, Inc. v. Harvey E. Hall, Inc.Superior Court of Delaware · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- St. Lawrence Cement, Inc. Independent Cement Corporation, Plaintiffs v. John W. Spivey R. Paul Smith, St. Lawrence Cement, Inc. Independent Cement Corporation, Plaintiffs v. John W. Spivey R. Paul Smith v. Lone Star Industries, Inc. Lone Star Cement, Inc., Party in InterestCourt of Appeals for the Fourth Circuit · 1987