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· 2/23/1989

Retha D. Frierson v. United Farm Agency, Inc., the Merchants Bank, Intervenor Below. Retha D. Frierson v. United Farm Agency, Inc., the Merchants Bank

Citations

  • 868 F.2d 302
  • 8 U.C.C. Rep. Serv. 2d (West) 260
  • 1989 U.S. App. LEXIS 2026

How courts have described this case

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

  • by failing to promptly take action to collect accounts pledged as collateral, secured creditor constructively waived its security interest
  • “[A] bank cannot … defeat a garnishment on the ground that the depositor owes the bank money on a note not yet due.”
  • a secured creditor cannot frustrate enforcement proceedings by a judgment creditor against a debtor where the secured party has neither declared its loan in default nor instituted execution of its affirmative remedies such as acceleration of the loan

Source: CourtListener parenthetical corpus (CC0).

Judges: Bowman, Magill, Battey

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.