Legal Opinion

St. Petersburg Bank & Trust Company v. Bernard L. Boutin, Etc.

Court of Appeals for the Fifth Circuit

Decided June 24, 1971No. 29135PublishedCited by 32 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

The Bank sued SBA on that agency’s guarantees of two separate $150,000 loans made by the Bank to the now-bankrupt Caladesic Capital Corporation. 1 After a nonjury trial the Bank secured judgment on both guaranties for the full amount of $300,000. We conclude that the court erred in holding SBA liable on the first guaranty issued, but correctly held it liable on the second, and, as modified, affirm.

Each of the two loan transactions was handled as follows. Caladesic and SBA entered into a loan agreement. Cala- desic executed a promissory note payable to SBA, which stated…

2Cases cited9 opinions

  1. First National Bank, Henrietta v. Small Business AdministrationCourt of Appeals for the First Circuit · 1970
  2. Grace v. Corn Exchange Bank Trust Co.New York Court of Appeals · 1941
  3. W. T. Jones and Company, Incorporated, and Noland Company, Inc., and Marvin Moseley v. Foodco Realty, Inc., and United States of AmericaCourt of Appeals for the Fourth Circuit · 1963
  4. North Atlantic Westbound Freight Association v. Federal Maritime Commission and United States, American Export Isbrandtsen Lines, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1968
  5. Lawrence v. Muter Co.Court of Appeals for the Seventh Circuit · 1948

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3Cited by32 opinions

  1. Haynsworth v. the CorporationCourt of Appeals for the Fifth Circuit · 1997
  2. First National Bank & Trust Co. of Racine v. NotteWisconsin Supreme Court · 1980
  3. American Heritage Life Insurance v. LangCourt of Appeals for the Fifth Circuit · 2003
  4. Fed. Sec. L. Rep. P 96,041 Eli W. Tullis and Edward F. Creekmore, Jr. v. Kohlmeyer & Co., in Liquidation, Through Its LiquidatorsCourt of Appeals for the Fifth Circuit · 1977
  5. American Heritage Life Insurance Company v. Ellis B. LangCourt of Appeals for the First Circuit · 2003

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