Legal Opinion

Gilbert v. First National Bank

District Court, S.D. Mississippi

Decided January 5, 1978No. Civ. A. No. J76-305(C)Published

1Opinion of the Court

WILLIAM HAROLD COX, District Judge.

This controversy involves the propriety and legality of the action of the First National Bank in applying certain fund as a set off against a secured debt of the bankrupts to the bank. Charles E. Duran was the owner of several different corporations, including Char-Mac Enterprises, Inc., and was engaged in a practice of kiting checks between Citizens National Bank (CNB) and *170First National Bank (FNB), both in Jackson, Mississippi. The plaintiff contends that the course adopted by First National Bank in satisfying its indebtedness was done with the actual…

2Cases cited25 opinions

  1. Scott v. ArmstrongSupreme Court of the United States · 1892
  2. Dushane v. BenedictSupreme Court of the United States · 1887
  3. Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
  4. Nashville Trust Co. v. BankTennessee Supreme Court · 1892
  5. Russell v. StateMississippi Supreme Court · 1939

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