[Download] "Hotel Riviera Inc. v. First National Bank and Trust Co." by United States Court of Appeals for the Tenth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Hotel Riviera Inc. v. First National Bank and Trust Co.
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 29, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Before: McKAY and MOORE, Circuit Judges, and BROWN* District Judge. MOORE, Circuit Judge This is an appeal from the denial of a motion for reconsideration of the trial court's order granting summary judgment to the appellee. The underlying action was brought to enforce payment of a cashiers' check issued by the appellee, First National Bank and Trust Company of Oklahoma City, Oklahoma (Bank), and endorsed by the payee to the appellant, Hotel Riviera, Inc. (Hotel). When the check was presented for payment, the Bank dishonored it having discovered the check had been paid for with forged instruments. In the trial court, the Bank argued the Hotel was not a holder in due course, thereby permitting the Bank to assert the personal defense of failure of consideration. The trial court allowed the defense, entered judgment for the Bank, and denied the Hotel's motion for rehearing. We reverse.