Hanalei, BRC Inc. v. Porter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “an action cannot be maintained if it is prematurely commenced” before the plaintiff is entitled to enforce the instrument
• noting that the general requirement that a holder be in possession of the instrument is meant “to protect the maker or drawer from multiple liability on the same instrument”
• indicating a mortgagee's premature filing of a complaint may be cured by filing an amended complaint when its cause of action accrues
• “where a defense of lack of personal jurisdiction is joined with a permissive counterclaim or a voluntary affirmative claim, the defense is waived.”

Source: CourtListener parenthetical corpus (CC0).