· 10/27/1989
Wichita Federal Savings & Loan Ass'n v. Black
Citations
- 781 P.2d 707
- 245 Kan. 523
- 1989 Kan. LEXIS 177
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting defendant’s argument that plaintiff savings and loan association was estopped from recovering more than $17 million that he allegedly lost through negligent financial futures trading because association previously claimed deduction for that loss on income tax return
- sufficient evidence was presented to establish that savings institution’s loss was caused by former president’s negligence
- Kansas Supreme Court recognized the theory of offsetting benefits but was not asked to apply it to tax benefits
- offset theory can only be utilized when the benefits accruing to the plaintiff are sufficiently proximate to the contract to warrant reducing the plaintiffs damages
- court applied state common law standard of negligence in a suit by a federally-chartered S & L against its former president
- “[n]one of [the] cases [cited by the defendant] stand for the proposition that a suit for recovery of losses is barred by a prior claim of the losses on a tax return”
Source: CourtListener parenthetical corpus (CC0).
Judges: E. Newton Vickers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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