Legal Opinion
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. First National Bank
Court of Appeals for the Eighth Circuit
Decided October 10, 1985No. Nos. 84-2107, 84-2156PublishedCited by 5 opinions
1Opinion of the Court
ARNOLD, Circuit Judge.
This case arises out of a check-kiting scheme perpetrated by a group of businesses known collectively as Comex, Inc., which operated a collection service for doctors’ accounts receivable. Comex had accounts with Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), First National Bank of Little Rock (FNB), Worthen Bank and Trust Co., N.A. (Worthen), and Bank of New York (BONY). Merrill Lynch acted in a dual capacity. It had an account as a customer with FNB. It also behaved substantially as a bank in that it maintained for Comex, among many other customers, an…
2Cases cited27 opinions
- Loyd S. DACE, Appellant, v. ACF INDUSTRIES, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1984
- Giordano v. LeeCourt of Appeals for the Eighth Circuit · 1970
- Lasprogata v. QuallsSuperior Court of Pennsylvania · 1979
- Larson MacHine, Inc. v. WallaceSupreme Court of Arkansas · 1980
- Berkeley Pump Co. v. Reed-Joseph Land Co.Supreme Court of Arkansas · 1983
22 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- HK Systems, Inc. v. Eaton Corp.Court of Appeals for the Seventh Circuit · 2009
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. First National Bank Of Little RockCourt of Appeals for the First Circuit · 1985
- Glass v. Phila. Elec. Co.Court of Appeals for the Third Circuit · 1994
- HK Systems Inc v. Eaton CorporationCourt of Appeals for the Seventh Circuit · 2009
- Starr v. VSL Pharmaceuticals, Inc.District Court, D. Maryland · 2020