Bank motion (Mississippi) · Go Syfert
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Bank motion in Mississippi

17 Mississippi opinions name it 2 courts 1894–2025 2 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Mladineo v. Schmidtgreen
miss · 2010 · cited in 2 Mississippi opinions naming this issue, 2010–2011
2 sentences

2011See Mladineo v. Schmidt, 52 So.3d 1154, 1163 (Miss.2010) (distinguishing between claims based on misrepresentations that would have been clarified by reading the policy and claims based on misrepresentations that a particular type of coverage was not needed). ¶ 30.

2011See Mladineo v. Schmidt, 52 So.3d 1154, 1163 (Miss.2010) (distinguishing between claims based on misrepresentations that would have been clarified by reading the policy and claims based on misrepresentations that a particular type of coverage was not needed). ¶ 30.

22
EAST MISSISSIPPI STATE HOSP. v. Adamsgreen
miss · 2007 · cited in 2 Mississippi opinions naming this issue, 2007–2008
2 sentences

2008Furthermore, Holland contends that the Bank was dilatory in filing its motion and that such delay should be held to constitute a waiver of claims by the Bank (citing East Mississippi State Hospital v. Adams, 947 So.2d 887, 891 (Miss.2007) (failure to timely pursue affirmative defense, together with active participation in the litigation, served as a waiver of the affirmative defense)).

2007Furthermore, Holland contends that the Bank was dilatory in filing its motion and that such delay should be held to constitute a waiver of claims by the Bank (citing East Mississippi State Hospital v. Adams, 947 So. 2d 887, 891 (Miss. 2007) (failure to timely pursue affirmative defense, together with active participation in the litigation, served as a waiver of the affirmative defense)).

22
Cindy Henderson v. Copper Ridge Homes, LLCgreen
miss · 2019 · cited in 1 Mississippi opinions naming this issue, 2025–2025
1 sentence

2025Id. at 752-53 (¶ 10). ¶19.

11
Kravetz v. United States Trust Co.green
mad · 1996 · cited in 1 Mississippi opinions naming this issue, 2018–2018
1 sentence

2018An application of the law to this case reflects that the language of the offering circulars, containing the federally required notice of purchaser restrictions with reference to publicly available federal law, was sufficient to put the Bank on inquiry notice that "[it] should carefully investigate the materials that suggest that a cause probably or potentially exists." See First Trust , 220 F.3d at 336-37 ; Kravetz , 941 F.Supp. at 1308 (determining that even where a fiduciary relationship was alleged, investors were imputed with knowledge of investment materials for purposes of determining wh

11
Weathers v. Metropolitan Life Insurancegreen
miss · 2009 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018An application of the law to this case reflects that the language of the offering circulars, containing the federally required notice of purchaser restrictions with reference to publicly available federal law, was sufficient to put the Bank on inquiry notice that “[it] should carefully investigate the materials that suggest that a cause probably or potentially exists.” See First Trust, 220 F.3d at 336-37 ; Kravetz, 941 F. Supp. at 1308 (determining that even where a fiduciary relationship was alleged, investors were imputed with knowledge of investment materials for purposes of determining whe

2018An application of the law to this case reflects that the language of the offering circulars, containing the federally required notice of purchaser restrictions with reference to publicly available federal law, was sufficient to put the Bank on inquiry notice that "[it] should carefully investigate the materials that suggest that a cause probably or potentially exists." See First Trust , 220 F.3d at 336-37 ; Kravetz , 941 F.Supp. at 1308 (determining that even where a fiduciary relationship was alleged, investors were imputed with knowledge of investment materials for purposes of determining wh

11
Jones v. Hernando Bankgreen
miss · 1943 · cited in 1 Mississippi opinions naming this issue, 1995–1995
2 sentences

1995Jones v. Hernando Bank, 194 Miss. 474 , 13 So.2d 31 (1943) states, "[A] mistake of fact purges the transaction of usury, whereas a mistake as to the legal effect of a purposeful act is a mistake of law and the actor is bound by the result." Jones, 194 Miss. 474 , 13 So.2d at 32 (emphasis added).

1995Jones v. Hernando Bank, 194 Miss. 474 , 13 So.2d 31 (1943) states, "[A] mistake of fact purges the transaction of usury, whereas a mistake as to the legal effect of a purposeful act is a mistake of law and the actor is bound by the result." Jones, 194 Miss. 474 , 13 So.2d at 32 (emphasis added).

11
Huff v. Polkgreen
miss · 1982 · cited in 1 Mississippi opinions naming this issue, 1992–1992
1 sentence

1992See Rules 26(f)(1) and 37(b)(2)(B), Miss.R.Civ.P.; Palmer v. Biloxi Regional Medical Center, Inc., 564 So.2d 1346, 1367-68 (Miss. 1990); Ladner v. Ladner, 436 So.2d 1366, 1372 (Miss. 1983); Huff v. Polk, 408 So.2d 1368, 1370 (Miss. 1982); Square D Co. v. Edwards, 419 So.2d 1327, 1328-29 (Miss. 1982).

11
Ladner v. Ladnergreen
miss · 1983 · cited in 1 Mississippi opinions naming this issue, 1992–1992
1 sentence

1992See Rules 26(f)(1) and 37(b)(2)(B), Miss.R.Civ.P.; Palmer v. Biloxi Regional Medical Center, Inc., 564 So.2d 1346, 1367-68 (Miss. 1990); Ladner v. Ladner, 436 So.2d 1366, 1372 (Miss. 1983); Huff v. Polk, 408 So.2d 1368, 1370 (Miss. 1982); Square D Co. v. Edwards, 419 So.2d 1327, 1328-29 (Miss. 1982).

11
Square D Co. v. Edwardsgreen
miss · 1982 · cited in 1 Mississippi opinions naming this issue, 1992–1992
1 sentence

1992See Rules 26(f)(1) and 37(b)(2)(B), Miss.R.Civ.P.; Palmer v. Biloxi Regional Medical Center, Inc., 564 So.2d 1346, 1367-68 (Miss. 1990); Ladner v. Ladner, 436 So.2d 1366, 1372 (Miss. 1983); Huff v. Polk, 408 So.2d 1368, 1370 (Miss. 1982); Square D Co. v. Edwards, 419 So.2d 1327, 1328-29 (Miss. 1982).

11
Palmer v. Biloxi Regional Medical Center, Inc.green
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 1992–1992
1 sentence

1992See Rules 26(f)(1) and 37(b)(2)(B), Miss.R.Civ.P.; Palmer v. Biloxi Regional Medical Center, Inc., 564 So.2d 1346, 1367-68 (Miss. 1990); Ladner v. Ladner, 436 So.2d 1366, 1372 (Miss. 1983); Huff v. Polk, 408 So.2d 1368, 1370 (Miss. 1982); Square D Co. v. Edwards, 419 So.2d 1327, 1328-29 (Miss. 1982).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Mauck v. Columbus Hotel Co. green
miss · 1999
2 sentences

2008Judge Lee relied on Mauck v. Columbus Hotel Co., 741 So.2d 259 (Miss. 1999), as the basis for his reconsideration of Judge Coleman’s previous denial of the Bank’s motion for summary judgment insomuch as Maude stood for the premise that a denial of summary judgment is not a final judgment on the merits, nor is it binding upon successor courts.

2007Judge Lee relied on Mauck v. Columbus Hotel Co., 741 So. 2d 259 (Miss. 1999), as the basis for his reconsideration of Judge Coleman’s previous denial of the Bank’s motion for summary judgment insomuch as Mauck stood for the premise that a denial of summary judgment is not a final judgment on the merits, nor is it binding upon successor courts.

22007–2008
AUSTIN DEVELOPMENT v. Bank of Meridian green
miss · 1990
2 sentences

2008The trial court cited Austin Development Co., Inc. v. Bank of Meridian, 569 So.2d 1209 (Miss.1990) in support of its granting the Bank’s motion for summary judgment on this issue.

2007The trial court cited Austin Development Co., Inc. v. Bank of Meridian, 569 So. 2d 1209 (Miss. 1990) in support of its granting the Bank’s motion for summary judgment on this issue.

22007–2008
Chassaniol v. Bank of Kilmichael green
miss · 1993
2 sentences

2006Id.

2004Id.

22004–2006
Levy v. McMullen green
miss · 1934
2 sentences

1999The Slighs cite Levy v. McMullen, 169 Miss. 659 , 152 So. 899 (Miss.1934), for the proposition that even if the bank only knew that Lorance was an occasional drinker, that knowledge amounts to actual knowledge sufficient to put the bank on inquiry which would have led to full knowledge of his general reputation as an habitual drunkard. ¶ 48.

1999The Slighs cite Levy v. McMullen, 169 Miss. 659 , 152 So. 899 (Miss.1934), for the proposition that even if the bank only knew that Lorance was an occasional drinker, that knowledge amounts to actual knowledge sufficient to put the bank on inquiry which would have led to full knowledge of his general reputation as an habitual drunkard. ¶ 48.

21997–1999
Hudson v. Bank of Edwards green
miss · 1985
1 sentence

2022Id.

12022–2022
First Trust National Association, as Indenture Trustee v. First National Bank of Commerce green
ca1 · 2000
2 sentences

2018An application of the law to this case reflects that the language of the offering circulars, containing the federally required notice of purchaser restrictions with reference to publicly available federal law, was sufficient to put the Bank on inquiry notice that “[it] should carefully investigate the materials that suggest that a cause probably or potentially exists.” See First Trust, 220 F.3d at 336-37 ; Kravetz, 941 F. Supp. at 1308 (determining that even where a fiduciary relationship was alleged, investors were imputed with knowledge of investment materials for purposes of determining whe

2018An application of the law to this case reflects that the language of the offering circulars, containing the federally required notice of purchaser restrictions with reference to publicly available federal law, was sufficient to put the Bank on inquiry notice that "[it] should carefully investigate the materials that suggest that a cause probably or potentially exists." See First Trust , 220 F.3d at 336-37 ; Kravetz , 941 F.Supp. at 1308 (determining that even where a fiduciary relationship was alleged, investors were imputed with knowledge of investment materials for purposes of determining wh

12018–2018
Smith v. Franklin Custodian Funds, Inc. green
miss · 1998
1 sentence

2015As such, this Court finds that the trial court improperly denied the Bank’s motion for summary judgment on this issue, finding Smith, supra, to be controlling.

12015–2015
Borowski v. Firstar Bank Milwaukee, N.A. green
wisctapp · 1998
1 sentence

2013Borowski, 579 N.W.2d at 251 . ¶ 13.

12013–2013
Sunflower Compress Co. v. Clark neutral
miss · 1932
1 sentence

1952The appellant cites the case of Sunflower Compress Company v. Clark, 165 Miss. 219 , 144 So 477, 145 So. 617 , in support of his contention that a reasonable time for presentment of a check on a bank where the person receiving- the same and the bank on which it is drawn are in the same community is not later than the next business day after it is received.

11952–1952
Merchants & Planters Bank v. Clifton Mfg. Co. green
sc · 1899
1 sentence

1952Co., 56 S. C. 320, 33 S. E. 750 , the Court held that a check drawn on Christmas Eve does not become stale in six days, so as to put the bank on inquiry upon its presentation at the end of that period.

11952–1952
National Bank v. Whitney green
scotus · 1881
1 sentence

1894In Bank v. Matthews, 90 U. S., it was held that, though the act under which the bank was incorporated prohibited it from accepting real estate as security for a loan to be made, yet that a mortgage executed to the bank in violation of the act was valid, and might be enforced by the bank; and to the same effect are Bank v. Whitney, 103 U. S., 99 , and Fritts v. Palmer, 132 Ib., 282.

11894–1894

Statutes the citing opinions construe

MS § Miss. Code Ann. § 15-1-49 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 114 (1919–2024) CA 72 (1935–2026) NY 67 (1903–2026) IL 62 (1898–2025) FL 45 (1932–2026) GA 38 (1855–2024) PA 33 (1837–2026) MO 30 (1899–2024) IN 24 (1892–2023) OH 20 (1905–2025) MS 17 (1894–2025) MD 17 (1934–2021) OK 16 (1908–2020) ND 16 (1916–2016) LA 15 (1901–2018) WI 14 (1864–2024) AZ 14 (1970–2022) HI 13 (1919–2025) TN 13 (1970–2026) AL 13 (1977–2025) NM 13 (1979–2021) IA 13 (1900–2021) SC 13 (1925–2022) ME 12 (1997–2020) NJ 12 (1955–2026) ID 11 (1921–2024) AR 11 (1913–2019) KS 10 (1915–2020) OR 10 (1891–1995) MT 10 (1971–2021) NE 8 (1903–2025) WA 8 (1899–2023) SD 7 (1964–2015) MA 7 (1973–2017) MN 7 (1910–1989) UT 6 (1998–2022) NC 6 (1979–2016) KY 6 (1919–2026) WY 5 (1926–2025) CO 5 (1979–2011) VA 4 (1929–2025) CT 4 (1988–2022) AK 4 (1980–2022) WV 4 (1925–1996) DC 3 (1988–2021) RI 3 (1994–2016) DE 2 (2014–2020) VT 2 (1966–2002) NH 2 (1987–1998) MI 2 (2000–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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