United California Bank v. Eastern Mountain Sports, Inc. (1982)
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· 32 citation events
across 17 courts.
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Perdoni Brothers Inc v. Concrete Sytems Inc (1994)
The magistrate judge correctly ruled that CSI was bound by its own pre-verdict decision to entrust its severability claim to the jury with no further legal definition than the unchallenged instruction that “accrual” under the Massachusetts UCC occurs at the “time of delivery.” See United California Bank v. Eastern Mountain Sports, Inc., 546 F.Supp. 945, 964 (D.Mass.1982) (“Under Massachusetts law, ‘it is clear that a cause of action ... accrues when delivery is made regardle…
Mountain Sports, 546 F.Supp. 945, 963, 977 (D.Mass.1982) (declaring running account part of single contract even for claims based on unrelated transactions because that result consistent with course of dealing between assignor and account debtor). [¶ 20] This case is similar to Harris v. Dial Corp., 954 F.2d 990 (4th Cir.1992), where the court found that one contract covered both the sale of resin by a bottle purchaser to a bottle manufacturer and the sale of the bottles by …
Bk, 296 So.2d 32, 36 (Fla. 1974). that arise out of the contract between the assignor and account debtor.’° United Cal. Bank v. Eastern Mountain Sports, 546 F. Supp. 945, 963 (D.
Mountain Sports, Inc., 546 F. Supp. 945, 964 (D.
noting that “[b]ecause these claims accrued before EMS received notice of the assignment . . . the claims may be asserted as offsets against UCB’s claim”
We look to the terms of the insurance contract to determine the date on which the plaintiffs were first deprived of the benefits they would have enjoyed, had Inland obtained the requested coverage. 8 See United Cal. Bank v. Eastern Mountain Sports, Inc., 546 F. Supp. 945, 976-977 (D.
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In Re New Haven Foundry, Inc. (2002)
Sports, 546 F.Supp. 945, 963-64 (D.Mass.1982) (setoff allowed against secured creditor only if claim “accrues” before assignment).
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Energy Capital Corp. v. United States (2000)
The Plaintiff cited the following cases as examples when courts have required the parties to re-calculate damages based on different assumptions: Gargoyles, Inc. v. United States, 37 Fed.Cl. 95, 109-10 (1997) (after conducting a bench trial on damages, court issued findings of fact and ordered parties to calculate the amount of damages in accordance with the court’s findings, and then file a stipulation of judgment in that amount within twenty days); Kih-San-Azusa, J.V. v. U…
United California Bank v. Eastern Mountain Sports, Inc., 546 F.Supp. 945, 979 (D.Mass.1982).
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Besicorp Group, Inc. v. Thermo Electron Corp. (1997)
Bank v. Eastern Mountain Sports, 546 F.Supp. 945, 958 (D.Mass.1982).
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Sterilite Corp. v. Continental Casualty Co. (1986)
United Cal. Bank v. Eastern Mountain Sports, Inc., 546 F. Supp. 945, 975-977 (D.
United Cal. Bank v. Eastern Mountain Sports, Inc., 546 F. Supp. 945, 963-964 (D.
United California Bank v. Eastern Mountain Sports, Inc., 546 F.Supp. 945, 965 (D.Mass.1982), aff’d, 705 F.2d 439 (1st Cir.1983). 4 .
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Sterilite Corp. v. Continental Casualty Co. (1985)
Contrast United Cal. Bank v. Eastern Mountain Sports, Inc., 546 F. Supp. 945, 975-977 (D.
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Hendricks & Associates, Inc. v. Daewoo Corporation (1991)
Accord United California Bank v. Eastern Mountain Sports, Inc., 546 F.Supp. 945, 969 (D.Mass.1982) ("§ 2-715(2)(a) is in accord with the common law standard of foreseeability of the loss as a measure of whether consequential damages will be recovered.”), aff'd., 705 F.2d 439 (1st Cir.1983).
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Bank of Waunakee, a Wisconsin Banking Corporation v. Rochester Cheese Sales, Inc., a Minnesota Corporation (1990)
See also *1190 United Cal. Bank v. Eastern Mountain Sports, 546 F.Supp. 945, 963-64 (D.C.Mass.1982) (account debtor allowed to set off claims for defective goods against its account receivable in which a bank had a perfected security interest), aff'd, 705 F.2d 439 (1st Cir.1983); In re Chase Manhattan Bank v. State, 40 N.Y.2d 590, 594 , 357 N.E.2d 366, 369 , 388 N.Y.S.2d 896, 899 (1976) (constructive notice provided by perfection of a security interest by filing a financing …
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QVC, Inc. v. MJC America, Ltd. (2012)
Soleus was aware when it entered into the Purchase Orders that QVC was reselling the Heaters to its customers and that QVC retained the right to conduct a recall of the Heaters in the event of a breach of warranty. “[I]n an appropriate case, where the record supports the logic and reasonability of costs of same, this element of damages should be allowed.” In re Repco Products Corp., 100 B.R. 184, 200 (Bankr.E.D.Pa.1989); see also United Cal. Bank v. Eastern Mountain Sports I…
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Datatrend, Inc. v. Jabil Circuit, Inc. (1998)
See United California Bank v. Eastern Mountain Sports, Inc., 546 F.Supp. 945, 960 (D.Mass.1982) (finding that buyer does not necessarily enter into accord and satisfaction by accepting credits from seller for allegedly defective merchandise), aff'd, 705 F.2d 439 (1st Cir.1983).
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PC Com, Inc. v. Proteon, Inc. (1995)
See also United California Bank v. Eastern Mountain Sports, Inc., 546 F.Supp. 945 (D.Mass.1982) (treat entire running account of invoices as a single contract and allow offset claims arising out of sales evidenced by particular invoices — including invoices already paid — against accounts claimed by seller on other outstanding invoices), aff'd, 7 05 F.2d 439 (1st Cir.1983).
See also United Cal. Bank v. Eastern Mountain Sports, Inc., 546 F. Supp. 945, 957-960 (D.
dealing with both timeliness and adequacy of notice
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Travenol Laboratories, Inc. v. Zotal, Ltd. (1985)
See United Cal. Bank v. Eastern Mountain Sports, Inc., 546 F. Supp. 945, 980 (D.
See United Cal. Bank v. Eastern Mountain Sports, Inc., 546 F. Supp. 945, 958 (D.