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Federal v. Serra, 1st Cir. (1996)
Federal v. Serra, 1st Cir. (1996)
Federal v. Serra, 1st Cir. (1996)
No. 96-1448
Plaintiff, Appellee,
v.
Defendant, Appellant.
____________________
____________________
Before
____________________
Carolyn McAboy with whom John A. Doonan and Doonan & Graves w
______________
_______________
________________
on brief for appellee.
____________________
____________________
Per Curiam.
__________
this
appeal
are complicated,
described.
New England
October
may be
1986,
and
in
over
central events
simply
Serra, bought
of
the
using the
trucks
transaction
as collateral.
apparently
In
conducted
by
notes.
changes in terms.
In
the deficiency.
judge
On appeal, Serra
on
de novo, and
________
Grenier
_______
we draw
factual inferences in
Our review is
Serra's favor.
Cir. 1996).
The
The
statute of
four-year
limitations claim
statute of
limitations
is easily
relied
resolved.
upon by
the
chattel
See,
___
a transaction in goods.
-2-2-
v. Ross,
____
1991
As to whether
not decide the question because both cover the present claim.
Either
one
was
still
receivership
in
January
period by an
additional six
1821(d)(14).
running
1991,
when
the
extending
FDIC
the
years pursuant to
assumed
limitations
12 U.S.C.
on
alleged unwritten
attorney
used
available
by
to the
district
court
limitations
on the
the
agent,
which
bank
at the
time
magistrate
whether
see no reason to
and
agreements
how
that
far
that the
made
The
limitations,
1823(e)(1).
D'Oench, Duhme
_______________
were not
power of
these
of
made with
clear
presumably
of refinancing.
We
written power
was
disregarded
some measure
attorney
applies
bank but
to
secret
which may
It is not at all
authorized the
agent to
execute both
power
weight
show
of the new
of attorney
to the
notes.
were read
Thus,
even if the
literally, without
alleged unwritten
limitations, it
written
giving any
might not
notes.
-3-3-
However,
we
proceedings to
were
of apparent
allow
need
to
remand
rolled over
by
further
authority or estoppel,
mistake or
without
for
authority or to
nevertheless the
the
no
consider claims
which would
see
If the notes
authority, it
is
directly because
both of
debt.
To
application to
e.g., FDIC v.
____ ____
erroneous bank
transactions is plain.
its
See,
___
Restitution
___________
complaint
answer
1 (1937).
and nothing
to the claim.
Restatement of
______________
in the
record suggests
any possible
the
plaintiff to
show, pursuant
Chase,
_____
609
N.E.2d
auction
N.E.2d 479,
at
which
the
reasonable.
But
we
483
(Mass. App.
that the
aff'd, 624
_____
professionally conducted
trucks were
sold
agree
the
with
Ct.),
v.
was
commercially
appraisal
of
the
-4-4-
made.
had been
182, 183-84
Serra has
been imaginatively
Affirmed.
________
-5-5-