· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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