James E. Clay, Mary Lou Clay, and Buddy Clay Realty, Inc. v. Federal Deposit Insurance Corporation, Ncnb Texas National Bank, and Todd E. Bragg

How courts have described this case

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

• applying Texas law and holding that, assuming the Texas Uniform Commercial Code (“UCC”
• duty to manage loan prudently is a condition that falls within definition of “agreement”
• creditor not in possession of collateral owes no duty of diligence to guarantor
• claim for breach of fiduciary duty barred when the notes and loan agreements alone did not establish that a fiduciary relationship existed and establishing that such a duty was owed would require evidence outside the bank’s files
• “[B]ecause [defendants] cannot prove their claims [of breach of duty of good faith and fair dealing] on the face of documents available in the bank records, they cannot prove their cause of action without run- ning afoul of D’Oench, Duhme.”

Source: CourtListener parenthetical corpus (CC0).