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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.