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Bailment Law
 
LAWRENCE EUGENE SHAW v. UNITED STATES

A federal statute makes it a crime “knowingly [to] execut[e] a scheme . . . to defraud a financial institution,” 18 U. S. C. §1344(1), for example, a federally insured bank, 18 U. S. C. §20. The petitioner, Lawrence Shaw, was convicted of violating this provision. He argues here that the provision does not apply to him because he intended to cheat only a bank depositor, not a bank. We do not ac... More...   $0 (12-26-2016 - DC)

Commonwealth v. Cassino

In August, 2011, a sixty-five year old woman was
found dead in her apartment in the South Boston section of
Boston. She was the victim of blunt force trauma caused by a
baseball bat. The defendant, Adam Cassino, was indicted for the
crime and a jury convicted him of murder in the first degree on
theories of deliberate premeditation and extreme atrocity or
cruelty. ... More...
   $0 (04-10-2016 - MA)

Saia v. Bay State Gas Co

The plaintiff appeals from a judgment of dismissal contending, as she did below, that a transaction involving the lease of a water heater was actually a credit sale in disguise, and, consequently, that the defendant's failure to
make certain required disclosures amounted to common-law misrepresentation and a violation of G. L. c. 93A. Guided by
Silva v. Rent-A-Center, Inc., 454 Mass. 6... More...
   $0 (12-16-2015 - MA)

Continental Western Insurance Company v. James Black, Jj Bugs, Ltd., Andrew Gustafson, Individually, and as Personal Representative of Stephanie Gustafson, Charles Adsit, Joe Patterson, and Mia Patterson

On December 27, 2010, James Black purchased three refrigerated trailers from Keizer Trailer Sales, Inc. (Keizer). The purchase was made pursuant to an Offer of Purchase Agreement (Purchase Agreement) prepared by Keizer. On its front side, the Purchase Agreement set forth the total price of the trailers and specified the following terms (with our emphasis added): These trailers are being purchas... More...   $0 (11-16-2015 - WY)

Sidney B. Hale, Jr. v. City of Bonham

The City of Bonham owned an airport hangar at its Jones Field Municipal Airport which it leased to Sidney B. Hale, Jr.1 After an ice storm caused the hangar’s roof to collapse, Hale sent a demand letter to the City seeking to recover some $400,000.00 in damages to property stored in the hangar and damaged by the collapse. After having received the letter, the City filed a suit for declaratory judg... More...   $0 (09-23-2015 - TX)

Lieberman v. Electrolytic Ozone, Inc.

In a prior decision issued May 29, 2013, Israel Discount Bank of New York v. First
State Depository Co., LLC,1 I determined the liability of First State Depository Co., LLC
(“FSD”), and Certified Assets Management, Inc. (“CAMI”), to Israel Discount Bank
(“IDB”). That case, which the parties have referred to as the “Related Action,” involved
the mishandling of collateral—rare c... More...
   $0 (08-31-2015 - DE)

Israel Discount Bank of New York v. Higgins, et al.

In a prior decision issued May 29, 2013, Israel Discount Bank of New York v. First
State Depository Co., LLC,1 I determined the liability of First State Depository Co., LLC
(“FSD”), and Certified Assets Management, Inc. (“CAMI”), to Israel Discount Bank
(“IDB”). That case, which the parties have referred to as the “Related Action,” involved
the mishandling of collateral—rare c... More...
   $0 (08-31-2015 - DE)

Needelman v. Dewolf Realty Co

Needelman entered into a one-year lease beginning on April 1, 2008, with the management company of DeWolf for an apartment on Greenwich Street in San Francisco (Greenwich apartment). DeWolf is an agent of M&H, the owner of the apartment building. After the lease expired on March 31, 2009, Needelman remained as a month-to-month tenant.
On December 22, 2011, DeWolf served Needleman with a t... More...
   $0 (08-19-2015 - CA)

William Klug v. J.P. Wickert and Ted Bovay, d/b/a Applause Entertainment

Appellant William Klug appeals the trial court’s order dismissing his lawsuit against appellees J.P. Wickert and Karl Bovay, d/b/a Applause Entertainment, for want of personal jurisdiction. Klug contends the trial court erred in granting appellees’ special appearance and subsequently dismissing his lawsuit because appellees did not negate all grounds asserted by Klug for the court’s exercise of pe... More...   $0 (07-16-2015 - TX)

Lisa Plunkett et al. v. Connecticut General Life Insurance Company and South Central RS, INC.

Appellants are former residents (the Residents) of Saratoga Springs
Apartments, a multi-unit apartment complex in Dallas that was closed due to mold
contamination. The Residents sued Connecticut General Life Insurance Company
2
(the owner), South Central RS, Inc. (the manager), and others, alleging (1) property losses and personal injuries due to the toxic mold contamination and (2... More...
   $0 (05-29-2015 - TX)

Bently J. Wright v. David Weaver, et al.

Tulsa, OK - Bently J. Wright sued David Weaver, Billy & Dorothy Smith Trust, Billy Warren Smith, Dorothy Ann Smith and Amber R. Wright on breach of contract theories alleging:

COMES NOW, the Plaintiff, Bentley Wright, an individual, by and through his attorney of record, Gregory J. Denney of Gregory J. Denney & Associates, P.C., and for his cause of action against the Defendants, David We... More...
   $3000 (09-12-2014 - OK)

Idaho Military Historical Society, Inc. v. Holbrook Maslen and Aeroplanes Over Idaho, Inc.

This is an appeal from the district court’s order of attorney fees against the defendants, Aeroplanes Over Idaho (“AOI”) and Holbrook Maslen (“Defendants”), in a dispute arising from the claim of lien filed by AOI on a PT-23 Fairchild airplane (“Fairchild”) owned by the Idaho
Aviation Hall of Fame (“IAHOF”) and transferred to the Idaho Military Historical Society (“IMHS”)... More...
   $0 (06-17-2014 - ID)

Welco Electronics, Inc. v. Nicholas J. Mora

Defendant Nicholas J. Mora appeals from a judgment in favor of plaintiff Welco Electronics, Inc., and against defendant, on plaintiff’s claim for conversion, and against defendant and in favor of plaintiff on defendant’s cross-complaint. Defendant contends the trial court erred in denying his motion for nonsuit based on the ground of insufficient evidence to support the plaintiff’s cause of ... More...   $0 (01-23-2014 - CA)

Brian Anthony Martinez v. Bloomberg, L.P.

21 Plaintiff-Appellant Brian Anthony Martinez (“Martinez”) appeals from a
22 judgment of the United States District Court for the Southern District of New
23 York (Furman, J.), dismissing his complaint for improper venue under Rule
24 12(b)(3) of the Federal Rules of Civil Procedure. Martinez brought this action
25 against his former employer, Bloomberg LP (“Bloomberg”), a ... More...
   $0 (01-14-2014 - NY)

John C. McTiernan, Bear Claw Cattle Company, and Gail Sistrunk v. James L. Jellis

[¶1] James Jellis is a rancher in Sheridan County, Wyoming, and owns a beefalo cattle herd. Pursuant to an oral agreement with John McTiernan, Jellis kept his herd on McTiernan’s ranch near Dayton, Wyoming.1 A dispute arose between the parties regarding their oral agreement, culminating in a lien being asserted by McTiernan and a legal action being filed by Jellis. The jury found, inter alia, M... More...   $0 (12-11-2013 - WY)

Hallmark Specialty Insurance Company & Unitrin County Mutual Insurance Company v. Manriquez Trucking

This is a declaratory judgment action. Appellants, Hallmark Specialty Insurance Company and Unitrin County Mutual Insurance Company, each issued an insurance policy to Appellee, Manriquez Trucking.1 Manriquez sought a declaration in the trial court that, under the terms of the insurance policies,

1The named insured on both policies was “A.S. Manriquez Trucking Inc.”

2

Hall... More...
   $0 (11-27-2013 - TX)

5 J Aviation, LLC v. Bank of America

5 J AVIATION, L.L.C. sued BANK OF AMERICA; TRAJEN FLIGHT SUPPORT L.P. d/b/a ATLANTIC AVIATION; FREDERICK RANDOLPH CRAFT, JR. an individual; BRUCE LYNDON MOORE, an individual; THOMAS RICHARD HUNTINGTON JR., an individual; and, KONI L. COUTS-SPEARS, an individual on civil fraud theories claiming:

1. Plaintiff is an Oklahoma limited liability company, with its principal place ofbusiness in O... More...
   $0 (11-20-2013 - OK)

Edward Lee Abram v. John James in his Individual Capacity and Big John Trucking, LLC

Appellant, Edward Lee Abram, appeals a summary judgment in favor of appellees, John James, in his Individual Capacity, and Big John Trucking, LLC, in appellant’s suit for breach of contract, breach of bailment, and conversion. We affirm.

2

I. BACKGROUND

On April 5, 2011, appellant sued appellees based on the following allegations: in February 2003, appellant leased a space o... More...
   $0 (08-22-2013 - TX)

Begal Motor Company, Ltd. d/b/a Maroone Honda of Miami v. Michelle Cuello

Appellant/Cross-Appellee Bengal Motor Company, d/b/a Maroone Honda (“Maroone”) appeals from a final summary judgment in favor of Appellee/Cross- Appellant Michelle Cuello (“Cuello”) on count two of Cuello’s First Amended Complaint, while Cuello cross-appeals from the final summary judgment in Maroone’s favor on counts one, three, four and five of the First Amended Complaint. Our standa... More...   $0 (05-15-2013 - FL)

Rodney G. Schoenholz v. Janine Hinzman

This is an unfortunate story of a business and familial relationship gone bad. Rodney Schoenholz entered into an oral agreement with his sister, Janine Hinzman, for the bailment of farm animals and farm equipment on her land. Four years after their cooperative effort to breed horses broke down, Hinzman sold her farm and the horses. Schoenholz subsequently retrieved most of his equipment from the f... More...   $0 (10-12-2012 - KS)

Angela O'Brien v. Daniel J. Stermer, Assignee

Angela O’Brien appeals a final order authorizing an assignee for the benefit of creditors,1 Daniel Stermer, to sell 1,000 ounces of silver Ms. O’Brien thought she had bought, paid for, and owned. On the record relating to the underlying Ponzi scheme, however, we are constrained to affirm the trial court. Ms. O’Brien was the victim of a fraud, not an owner or bailor of the silver purportedly ... More...   $0 (10-10-2012 - FL)

MRA Property Management, Inc. v. Susan Armstrong

This case involves a long-standing dispute between the Tomes Landing Condominium Association, Inc. (Association), located in Port Deposit, Maryland, and MRA Property Management, Inc., Appellants, and twenty-five condominium unit purchasers, Appellees.1

The unit purchasers were granted partial summary judgment in the amount of one million dollars against the Association and MRA in the Circui... More...
   $0 (04-30-2012 - MD)

Jason Bjorn Aamodt v. Wilfred K. Wright, Jr.

Jason Bjorn Aamodt sued Wilfred K. Wright, Jr. on a breach of partnership agreement theory. Wrights sued Gavin Manes on negligent supervison, bailment, conversion, false representation and deceit, breach of fiduciary duty, conspiracy theft, constructive fraud and breach of contract theories. ... More...   $1 (02-02-2012 - OK)

Matlock Place Aparemtns, L.P. v. Jeffry Druce

Appellants Matlock Place Apartments, L.P., JR TX 1, LLC, Hagop Kofdarali, Individually, and Robbie L. Sebern Burns, Individually appeal the trial court’s judgment rendered on a jury’s verdict in favor of Appellee Jeffry Druce Properties, LLC (Druce Properties).[1] Appellants contend in four issues and numerous sub-issues that the evidence is legally and factually insufficient to support the j... More...   $0 (01-12-2012 - TX)

Dawn A. Pyeritz v. Commonwealth of Pennsylvania

In this case, Appellants sued Appellees based on the destruction of personal property, to wit, a black nylon tree stand safety harness, or belt, that allegedly was crucial evidence in a separate civil action. The Pennsylvania State Police (“State Police”) had seized this item during a criminal investigation of a suspicious death. A state trooper had agreed to retain the belt in the custody of ... More...   $0 (11-23-2011 - PA)

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