[DOWNLOAD] "John H. Cockrell v. Republic Mortgage Insurance Company and Secor Bank" by Supreme Court Of Utah " Book PDF Kindle ePub Free

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eBook details

• Title: John H. Cockrell v. Republic Mortgage Insurance Company and Secor Bank
• Author : Supreme Court Of Utah
• Release Date : January 26, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 83 KB

Description

John H. Cockrell, Jr., defendant and third-party plaintiff in the court below, appeals a summary judgment entered in favor of the plaintiff Republic Mortgage Insurance Company (RMIC) and the third-party defendant Secor Bank, F.S.B., as the successor by merger to Coosa Federal Savings and Loan Association (Secor). RMIC brought suit against Cockrell for the deficiency on eleven promissory notes assigned to it by Coosa. Cockrell brought a cross-action against Secor as Coosas successor. In two points of error, Cockrell asserts that the trial court erred in granting RMICs summary judgment because (1) RMICs summary judgment evidence was legally insufficient to support RMICs claim, and a genuine issue of material fact existed as to whether Cockrell was liable to RMIC for an unpaid deficiency balance on a debt owed to Coosa, and (2) RMICs rights as subrogee were limited to the rights of Secor as Coosas successor and a genuine issue of material fact existed as to Secors rights against Cockrell. In three points of error, Cockrell asserts that the trial court erred in granting Secors summary judgment because (1) Secors affirmative defense of the DOench Duhme doctrine of equitable estoppel did not bar Cockrells claims, (2) Secors defenses of res judicata, collateral estoppel, or law of the case did not bar Cockrells claims, and (3) Coosa owed a duty to deal fairly and in good faith with Cockrell.

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