· 7/30/1986
Federal Deposit Insurance Corp. v. Henry E. McClanahan
Citations
- 795 F.2d 512
- 1986 U.S. App. LEXIS 27747
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[the borrower], rather than the FDIC or the innocent depositors or creditors of the failed bank, must bear the consequences of [the] unfortunate involvement with [the failed bank]”
- stating that both 1823(e) and D’Oench, Duhme are available to the FDIC
- defendant “rather than the FDIC or the innocent depositors or creditors of the failed bank” should bear loss
- failure to recover signed promissory note after loan was refused amounted to conduct likely to mislead bank examiners
- borrower who acts recklessly cannot rely upon defenses of failure of consideration or fraud in the inducement in an attempt to overcome application of the D’Oench doctrine
- defendant recklessly signed blank promissory note and delivered it to a man previously convicted of bank fraud
Source: CourtListener parenthetical corpus (CC0).
Judges: Gee, Higginbotham, Harvey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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