Federal Deposit Insurance v. Newton

737 S.W.2d 278, 4 U.C.C. Rep. Serv. 2d (West) 1483, 1987 Tenn. App. LEXIS 2650
CourtCourt of Appeals of Tennessee
DecidedMay 6, 1987
StatusPublished
Cited by2 cases

This text of 737 S.W.2d 278 (Federal Deposit Insurance v. Newton) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Federal Deposit Insurance v. Newton, 737 S.W.2d 278, 4 U.C.C. Rep. Serv. 2d (West) 1483, 1987 Tenn. App. LEXIS 2650 (Tenn. Ct. App. 1987).

Opinion

OPINION

LEWIS, Judge.

This is an appeal by the plaintiff, Federal Deposit Insurance Corporation (FDIC), as receiver for the American Bank of St. Joseph, Tennessee (Bank), from the trial court’s holding that it was not entitled to collect on promissory notes signed by defendants, Samuel P. Newton and Patrick L. White.

For the reasons hereafter set forth, we reverse.

The pertinent facts as stipulated to by the parties are as follows:

1.In late September or early October of 1983, Samuel P. Newton and Patrick L. White were each asked by Roger Pet-tus to sign a blank promissory note made payable to the American Bank of St. Joseph, Tennessee (hereinafter “American Bank”). They were all trusted friends.
2. Pettus told Newton and White that he needed each to sign a blank promissory note because he might need additional money for water and sewer taps at a condominium project in Destín, Florida.
3. Pettus told Newton and White that the notes were in blank because he did not know how much money might be needed for the water and sewer taps. Pettus told Newton and White that if additional money was needed for the water and sewer taps, he would have the notes filled in with the amount needed. Pettus told Newton and White that if additional money was not needed for the water and sewer taps, the notes would not be used. Newton and White each agreed, signed a note, and handed it to Pettus with none of the blanks filled in.
4. Newton knew that Pettus was unable to borrow additional funds from the American Bank. It was White’s understanding that additional security was needed by the American Bank in connection with the financing of the condominium project.
5. Sometime later, Pettus and Gilbert Hammond, who was also involved in the condominium project, carried both notes to the American Bank. Pettus gave the notes to the bank’s president, James Green. Pettus told Green that he was going to Florida and wanted to leave the blank notes with Green in case additional money was needed for the water and sewer taps at the condominium project. Pettus told Green that if additional money was needed for the water and sewer taps, he would call Green and authorize Green to fill in the notes for the amount of money needed. The bank would then wire him the money. Green agreed to these terms and put the blank notes in his desk. Green told Pettus to call him if additional money was needed on the water and sewer taps and he would then fill in the notes for the amount needed.
6. As it turned out, the water and sewer taps were never installed because [280]*280the property where the project was to be built was subsequently sold. Since additional money was not needed for the water and sewer taps, Pettus never called Green to authorize him to fill in the notes.
7. About ninety days after the notes had been signed, White received in the mail a notice from the American Bank that his note was due. White then contacted Newton about the notes. This was the first time Newton and White realized that their notes had in fact been completed.
8. Thereafter, Newton and White contacted Pettus about the payment notice. Pettus said that he did not understand why a notice had been sent as he never needed to use the notes. Pettus told Newton and White that he would speak to Green to see what had happened.
9. Green told Pettus that he had personally used the two blank notes and the proceeds therefrom. The note White signed had been filled in for the principal amount of $75,000.00 at a thirteen percent annual interest rate, with payment due ninety days from the date of the note, which was October 11, 1983. The note Newton signed had been filled in for the principal amount of $73,009.97 at a thirteen percent annual interest rate, with payment due ninety days from the date of the note, which was also October 11, 1983.
10. On October 7, 1983, Green made payments on several notes that he and his wife personally owed at the Bank of Lexington. Green’s payments were in the form of cashier’s checks issued by the American Bank on October 7, 1983. The remitters listed on the cashier’s checks were either James Green or Elizabeth Green. The payments Green made that day totalled $148,009.97, which sum equals the proceeds from the 2 notes signed by Newton and White. RB PR.
11. James D. Green received the proceeds from the two notes signed by Newton and White.
12. Green told Pettus that he would pay off the notes within thirty to sixty days. Pettus conveyed this information to Newton and White and told them not to worry because Green would pay the notes.
13. Approximately ninety days after he received the first notice, White received a second notice from the American Bank. White contacted Pettus about this second notice. Pettus again told White that Green had assured him that he would pay the notes.
14. Before the American Bank closed, Newton also received a notice from the bank that his note was due.
15. In June 1984 White received approximately $3,200.00 in cash from Pet-tus. White was instructed by Pettus to use the money to make an interest payment on both his note and Newton’s note. Pettus told White that Green had supplied the money. On June 12, 1984, White issued a check drawn on his personal account in the amount of $1,612.22 made payable to the American Bank. The payment was credited by the bank on June 13, 1984. White gave the remaining money to Newton with instructions to make an interest payment on his note. White advised Newton that Green had supplied the funds. On June 12, 1984, Newton issued a check drawn on his personal account in the amount of $1,612.22 made payable to the American Bank. This payment was credited by the bank on June 12, 1984. These two interest payments have been the only two payments credited to the notes in question.
16. Neither Newton nor White ever contacted anyone at the American Bank about their notes. Newton and White first contacted Green regarding payment of their notes after the American Bank had closed on June 27, 1984.
17. The principal balance due and owing on the promissory note signed in blank by Newton is $72,957.97.
18. The principal balance due and owing on the promissory note signed in blank by White is $75,000.00.
19. The accrued interest on the note signed by Newton, as of June 10, 1986, [281]*281equals $23,700.24. Interest accrues daily on this note in the amount of $25.99.
20. The accrued interest on the note signed by White, as of June 10, 1986, equals $24,360.74. Interest accrues daily on this note in the amount of $26.71.
21. On June 27, 1984, the Commissioner of Financial Institutions for the State of Tennessee declared the American Bank insolvent and appointed the Federal Deposit Insurance Corporation (hereinafter “FDIC”) as receiver of the bank, pursuant to T.C.A. § 45-2-1502 and 45-2-802.
22. As authorized by 12 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
737 S.W.2d 278, 4 U.C.C. Rep. Serv. 2d (West) 1483, 1987 Tenn. App. LEXIS 2650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-deposit-insurance-v-newton-tennctapp-1987.