· 3/26/1985
Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Richard M. Wood
Citations
- 758 F.2d 156
- 40 U.C.C. Rep. Serv. (West) 937
- 1985 U.S. App. LEXIS 29845
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- federal holder in due course rule necessary because \the essence of a purchase and assumption transaction is speed\
- “Under the Negotiable Instruments Law that preceded the Code, the defenses were divided into real and personal defenses.”
- no difference to notemaker whether note transferred to holder in due course before or after bank's failure
- essence of purchase and assumption transaction is speed, and to expose FDIC to state-law defenses would create uncertainty and prevent use of the transaction
- FDIC cannot be charged with knowledge of a defense “merely because that information could be found in the bank’s files”
- asserted that liability for interest on loan extinguished since loan was usurious under state law
Source: CourtListener parenthetical corpus (CC0).
Judges: Lively, Martin, Jones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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