Legal Opinion
Shannon v. Carter
Oregon Supreme Court
Decided June 6, 1978No. A 7611-16772, SC 25062PublishedCited by 16 opinions
1Opinion of the CourtDenecke, C. J.
The sole issue is whether the defense of recoupment, based upon a violation of the Truth in Lending Act (TILA), is barred because of the statute of limitations in the TILA.
The defendant Associates Financial Services brought an action in district court in February 1976 to recover $355, the balance owing by plaintiff, Kathleen Shannon, on a retail installment contract for furniture and appliances entered into by Shannon in July 1974. Shannon asserted as an affirmative defense in the nature of recoupment a claim that Associates had violated the TILA, 15 USC § 1601 et seq. Section 1640 of the…
2Cases cited14 opinions
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Bull v. United StatesSupreme Court of the United States · 1935
- Hodges v. Community Loan & Investment Corp.Supreme Court of Georgia · 1975
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
- Kerby v. Mortgage Funding Corp.District Court, D. Maryland · 1998
- Pacific Concrete Federal Credit Union v. KauanoeHawaii Supreme Court · 1980
- Beneficial Finance Co. of Atl. City v. SwaggertySupreme Court of New Jersey · 1981
- Dawe v. Merchants Mortg. and Trust Corp.Supreme Court of Colorado · 1984
11 more not listed; retrieve them via the Exa API.