(Download) "Continental Bank, N.A. v. Meyer" by United States Court of Appeals for the Seventh Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Continental Bank, N.A. v. Meyer
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 01, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
FAIRCHILD, Senior Circuit Judge. In 1984, Continental Bank lent funds to Andrew C. Meyer, Jr., Donald M. Lubin and Philip J. Crowe, Jr. to invest in a horse-breeding limited partnership. In 1980, the bank sued each of these individuals to recover on the unpaid renewal notes. In July 1989, the actions were consolidated and the bank filed an amended consolidated complaint against all defendants. The defendants filed an answer including several affirmative defenses. The district court struck all the defenses, but gave leave to amend the defense based on fraud. The defendants amended that defense and added another ("aiding a fraud") and a two-count counterclaim. The court dismissed the counterclaim and struck the affirmative defenses. The bank moved for summary judgment, and the defendants responded solely by challenging personal jurisdiction. The court found the defendants active participation in the litigation for two-and-a-half years constituted a waiver of the personal jurisdiction defense and granted summary judgment. The court additionally allowed for substitution of the administratrix of defendant Lubins estate in place of the deceased Lubin, discussed more fully below. The defendants now appeal. We affirm.