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Boyd v. First Interstate Bank

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eBook details

  • Title: Boyd v. First Interstate Bank
  • Author : North Carolina Court of Appeals
  • Release Date : January 28, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Plaintiffs/appellants Boyds brought suit against defendant/respondent bank based on the deposit of certain negotiable instruments between November 1983 and February 1985. Respondent then brought State Medical into the action by way of a third-party complaint, alleging entitlement to indemnification for any damages which might be awarded in the action. Specifically, the appellants brought suit for statutory conversion under the Uniform Commercial Code pursuant to § 30-3-419, MCA (1989). The present action was stayed by the District Court pending resolution of related litigation arising out of the same events which were the basis for the present action. Following a jury verdict, this Court affirmed the decision in the related litigation. The District Court then lifted the stay in this case and granted summary judgment for the respondent bank on the grounds that the jury verdict in the related action collaterally estopped appellants action against the respondent. Appellants brought this appeal arguing that collateral estoppel does not apply in this situation and that summary judgment was incorrectly granted to the respondent. We affirm.


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