FEDERAL DEPOSIT INS. CORP. v. SATHER

No. C9-90-2010.

468 N.W.2d 347 (1991)

FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of Citizens State Bank of Fulda, Respondent, v. Duane K. SATHER, Appellant.

Court of Appeals of Minnesota.

Review Granted June 19, 1991.


Attorney(s) appearing for the Case

Brian E. Palmer, Thomas O. Kelly, III, Dorsey & Whitney, Minneapolis, for respondent.

Charles Quaintance Jr., Virginia A. Bell, Richard A. Kempf, Maslon, Edelman, Borman & Brand, Minneapolis, for appellant.

Considered and decided by PARKER, P.J., and HUSPENI and KLAPHAKE, JJ.


OPINION

KLAPHAKE, Judge.

The FDIC contends, and the trial court held, that Duane Sather is estopped from claiming the defenses of failure of consideration and fraud against three notes fraudulently drawn by a bank officer against Sather's line of credit. The trial court applied the D'Oench, Duhme doctrine, finding Sather executed a secret agreement with the bank which lent himself to a scheme likely to mislead banking authorities. We reverse.

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases