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· 1/15/1980

Richard L. Smith and Deborah L. Smith v. No. 2 Galesburg Crown Finance Corporation

Citations

  • 615 F.2d 407
  • 28 U.C.C. Rep. Serv. (West) 212
  • 53 A.L.R. Fed. 406
  • 28 Fed. R. Serv. 2d 1136
  • 1980 U.S. App. LEXIS 21357

How courts have described this case

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

  • concluding that Truth-in-Lending claim survives death of holder because it is remedial
  • holding Section 1988 inapplicable to a claim under the Truth in Lending Act
  • finding liability for technical violation of using \AMOUNT OF NOTE INCL. CHGS. (TOTAL PMTS.)\ instead of \total of payments\
  • finding liability for technical violation of using “AMOUNT OF NOTE INCL. CHGS. (TOTAL PMTS.)” instead of “total of payments”
  • examining whether Truth in Lending Act claim survived the death of the plaintiff
  • “The general rule is that actions for penalties do not survive the death of the plaintiff.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Swygert, Sprecher, Bauer

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.