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Cadle Company v. Estate Forrest Weaver

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eBook details

  • Title: Cadle Company v. Estate Forrest Weaver
  • Author : Supreme Court of Texas
  • Release Date : January 09, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Per Curiam This case presents the question resolved today in Jackson v. Thweatt, S.W.2d (Tex. 1994). Because the decision of the court of appeals, S.W.2d , conflicts with our holding in Jackson, we reverse the judgment of the court below and remand the cause to that court for further proceedings. Forrest Weaver executed two promissory notes to the First National Bank of Irving in February 1984 and February 1986, respectively. The FDIC, as receiver for the bank, acquired these notes in April 1986. The notes went into default in November 1986, and were subsequently assigned by the FDIC to The Cadle Company (""Cadle"") in February 1990. After Cadle brought suit against Weaver on the notes in January 1991, the defendant1 moved for summary judgment based on the Texas four year statute of limitations. See Tex. Civ. Prac. & Rem. Code ร‚§ 16.004. The trial court granted defendant's motion for summary judgment, and the court of appeals affirmed, rejecting Cadle's argument that it was entitled to the six year limitations period applicable to the FDIC. See 12 U.S.C. ร‚§ 1821(d)(14).


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