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FEDERAL DEPOSIT INS. CORP. v. HATMAKER

No. 83-5866.

756 F.2d 34 (1985)

FEDERAL DEPOSIT INSURANCE CORP., Plaintiff-Appellee, v. Charles HATMAKER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 1, 1985.

Attorney(s) appearing for the Case

Charles D. Susano, Jr., Bernstein, Susano, Stair & Cohen, Terri Tribble (argued), Knoxville, Tenn., for defendant-appellant.

John Neal, Mary M. Farmer (argued), Knoxville, Tenn., for plaintiff-appellee.

Before MARTIN and KRUPANSKY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

This appeal involves a promissory note in the amount of $60,207.00 executed by Charles Hatmaker to the City and County Bank of Campbell County, Tennessee. The FDIC, in its corporate capacity, acquired the note and is now attempting to enforce collection. Hatmaker raised a number of defenses to enforcement, including fraud in the inducement, unjust enrichment, estoppel, laches, and failure of consideration. The magistrate who tried...

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