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An Analysis Of Bank Defenses To Check Forgery And Alteration Claims Under Uniform Commercial Code Articles 3 And 4: Claimant's Negligence And Failure To Give Notice, John W. Hinchey
Pepperdine Law Review
In addressing the dual issues of check forgeries and alteration claims faced by many banks, the Uniform Commercial Code sets forth a system of rights and obligations to remedy these problems. In addition, Articles Three and Four also present an array of bank defenses, the availability of which are largely determined by the bank's position in this system. In this article, the author analyzes the inconsistencies and uncertainties inherent in this framework, and determines that there is much room for creativity on the part of banker's counsel in this area.
Post-Dissolution Liabilities Of Shareholders And Directors For Claims Against Dissolved Corporations, D. Gilbert Friedlander, P. Anthony Lannie
Post-Dissolution Liabilities Of Shareholders And Directors For Claims Against Dissolved Corporations, D. Gilbert Friedlander, P. Anthony Lannie
Vanderbilt Law Review
This Article initially will explore the nature and extent of shareholders' and directors' liabilities for contingent claims against the dissolved corporation by examining section 105 of the Model Business Corporation Act and the case law of those states that have adopted the Model Act.' Two purposes underlying the Model Act are uniformity and progressive resolution of issues inadequately resolved by the common law or earlier statutes. An exhaustive analysis of the case law under section 105 of the Model Act, however,reveals that both purposes have been frustrated, if not defeated. First, uniformity among jurisdictions, as well as within each Model …
Priority Of Claims Between Holders Of Unrecorded Chattel Mortgages - Plaza Corp. V. Alban, Daniel W. Moylan
Priority Of Claims Between Holders Of Unrecorded Chattel Mortgages - Plaza Corp. V. Alban, Daniel W. Moylan
Maryland Law Review
No abstract provided.