Cases
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20 opinions for “Whitney v. Summit Bank”
Driskell v. Summit Contracting Grp., Inc.public domain
Frank D. Whitney, Chief United States District Judge *670THIS MATTER is before the Court upon Defendant's Motion to Stay of Execution Pending Post-Trial Motions (Doc. No. 54); Defendant's Renewed Motion for Judgement as a Matter of Law, For a New Trial, and Motion to Order Plaintiff to Elect Remedies (Doc. No. 61); Plaintiff's Motion for Additional Findings and Amended
Ruhl v. Lee's Summit Hondapublic domain
WILLIAM RAY PRICE, JR., Chief Justice, dissenting. I would not invalidate the arbitration agreement in its entirety for the reasons set out in Brewer v. Missouri Title Loans, 323 S.W.3d 18 (Mo. banc 2010) (Price, C.J., dissenting). Further, the majority misstates the law. Missouri has always required a showing of both procedural and substantive unconscionability before a court will void a contract.
Summit Health, Inc. v. APS Healthcare Bethesda, Inc.public domain
OPINION AND ORDER RAMOS, District Judge. Summit Health, Inc. (“Plaintiff’ or “Summit”) brought this breach of contract action against APS Healthcare Bethesda, Inc. (“Defendant” or “APS”), alleging that APS failed to pay the full amount due under their service contract. Doc. 1. Sum*384mit alleges that APS has wrongfully withheld payment o
Summit House Co. v. Gershmanpublic domain
502 N.W.2d 422 (1993) SUMMIT HOUSE CO., et al., Appellants, v. Bruce A. GERSHMAN, et al., Respondents. No. C2-93-50. Court of Appeals of Minnesota. July 13, 1993. *423 J. Marquis Eastwood, Michael J. Wahoske, Dorsey & Whitney, Minneapolis, for Summit House Co., et al. Gerald T. Carroll, Carroll & Leighton, P.A., Mi
Summit National Life Ins. v. Cargill, Inc.public domain
MEMORANDUM O’NEILL, District Judge. I. INTRODUCTION This is a diversity action. Defendant Cargill, formerly the sole shareholder of plaintiff Summit, sold all of the issued and outstanding stock of Summit to SNL (formerly Virick Limited II) in 1988. Summit *364brought this action against defendant alleging the breach of a Tax Al
Philco Realty Ltd. v. Wells Fargo Bankpublic domain
[Cite as Philco Realty Ltd. v. Wells Fargo Bank, 2012-Ohio-5400.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) PHILCO REALTY LIMITED C.A. No. 26289 Appellant v. APPEAL FROM JUDGMENT
US for Use of Falco Const. v. Summit Gen. Contr.public domain
760 F.Supp. 1004 (1991) UNITED STATES of America for the Use and Benefit of FALCO CONSTRUCTION CORPORATION, Plaintiff, v. SUMMIT GENERAL CONTRACTING CORPORATION and The Fireman's Fund Insurance Company, Defendants. No. 89-CV-2931. United States District Court, E.D. New York. March 21, 1991. *1005 Birnbaum & Birnbaum, Mineola,
Hinds County, Miss. v. Wachovia Bank, NApublic domain
620 F.Supp.2d 499 (2009) HINDS COUNTY, MISSISSIPPI, Plaintiff, v. WACHOVIA BANK N.A. et al., Defendants. In re Municipal Derivatives Antitrust Litigation. This Document Relates to All Actions. No. 08 Civ. 2516. 08 MDL No. 1950. United States District Court, S.D. New York. April 29, 2009. *504 Jeffrey B. Gittleman, Barrack
MEMORANDUM and ORDER BARTELS, District Judge. BACKGROUND In this Miller Act1 case Falco Construction Corporation (“Falco”), the use plaintiff and subcontractor, seeks to recover monetary damages from Summit General Contracting Corporation (“Summit”), the general contractor, and Fireman’s Fund Insurance Company, Summit’s surety on its payment bond (jointly, the “
Daisley v. Riggs Bank, N.A.public domain
372 F.Supp.2d 61 (2005) Alexander M. DAISLEY, Plaintiff, v. RIGGS BANK, N.A., et al., Defendants. No. CIV.A. 03-01820HHK. United States District Court, District of Columbia. May 31, 2005. *62 *63 *64 Martin F. McMahon, Washington, DC, for Plaintiff.
United Missouri Bank, N.A. v. City of Grandviewpublic domain
179 S.W.3d 362 (2005) UNITED MISSOURI BANK, N.A. Conservator of the Estate of Dennis Gallagher, Appellant, v. CITY OF GRANDVIEW, MO., et al., Defendant, J & D Enterprises, Respondent. No. WD 63955. Missouri Court of Appeals, Western District. December 6, 2005. *364 Ronald M. Sokol, Springfield, William G. Cownie, Co-Couns
First Sav. Bank, FSB v. US Bancorppublic domain
117 F.Supp.2d 1061 (2000) FIRST SAVINGS BANK, F.S.B., Plaintiff, v. U.S. BANCORP and U.S. Bank National Association, Defendants. No. 95-4020-SAC. United States District Court, D. Kansas. August 25, 2000. *1062 *1063 Elizabeth R. Herbert, Pedro L. Irigonegaray, Robert V. Eye, Irigonegaray &
120 Cal.Rptr.2d 58 (2002) 98 Cal.App.4th 722 The MONEY STORE INVESTMENT CORPORATION, Plaintiff and Appellant, v. SOUTHERN CALIFORNIA BANK, Defendant and Respondent. No. G028243. Court of Appeal, Fourth District, Division Three. May 22, 2002. As Modified May 29, 2002. *60 Miller, Starr &
OPINION AND ORDER RICHARD L. MERRICK, Bankruptcy Judge. SYNOPSIS Because the legal principles at issue in this case are so far reaching they will be discussed before the facts are described in any detail. The principal issue in the case is whether the mortgagor or the mortgagee is entitled to residual rents collected during the administration of a Chapter XII proceeding subsequently di
VALLEY BANK & TR. v. US Life Title Ins.public domain
776 P.2d 933 (1989) VALLEY BANK AND TRUST COMPANY, Plaintiff and Appellant, v. U.S. LIFE TITLE INSURANCE COMPANY OF DALLAS, a Texas Corporation, Defendant and Respondent. No. 890043-CA. Court of Appeals of Utah. June 23, 1989. *934 Roy G. Haslam and Elizabeth S. Whitney, Salt Lake City, for plaintiff and appellant. Steven
Matter of Mich. Ave. Nat. Bankpublic domain
2 B.R. 171 (1980) In the Matter of MICHIGAN AVENUE NATIONAL BANK, as Trustee under Trust # 2214, Debtor. Marion AUGUST, Plaintiff, v. MICHIGAN AVENUE NATIONAL BANK, as trustee under Trust # 2214, Defendant. Bankruptcy No. 77 B 5306. United States Bankruptcy Court, N.D. Illinois, E.D. January 11, 1980. *172 Gerald M. Munitz, N
Whitney v. Gillpublic domain
Parker, J. The action below was brought by the defendant in error, Jerome Gill, against the defendants in error Arthur Hull and Isabel M. Barber. Afterward Hull made a general assignment for the benefit of his creditors to Noah A. Whitney, who defended on behalf of the creditors of Hull, and who now on the same behalf prosecutes error in this court. *649
OPINION BILLINGS, Judge: Following a bench trial, the court entered judgment in favor of U.S. Life Title Insurance Company of Dallas (“U.S. Title”), dismissing Valley Bank & Trust Company’s (“Valley Bank”) complaint with prejudice. The trial court concluded the title insurance policy issued by U.S. Title to Valley Bank expressly excepted defects “created by the insured,” and thus, Valley Bank’s claim w
Pennsylvania Co. v. Whitneypublic domain
KNAPPEN, District Judge. The defendant in error (hereafter called the plaintiff) sued to recover damages on account of injuries suffered by him while in the service of the defendant as a locomotive fireman, under these circumstances: A heavy freight train, made up at Ashtabula Plarbor and bound south, pulled by one engine, required additional power to take the train to the summit of Munson’s Hill, several miles south of Ashtabula
*660OPINION LANSING, Judge. San Francisco Real Estate Investors (San Francisco) brought suit against American National Bank and Trust Company of St. Paul (American) in December 1979, requesting both a declaratory judgment construing certain provisions of a lease and money damages for alleged rent arrearag-es. The trial court determined that San Franci