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Home / Opinion Digests / Contract / Contract – Negotiable Instruments – Promissory Note – Banks & Banking – Merger – No Judicial Notice (access required)

Contract – Negotiable Instruments – Promissory Note – Banks & Banking – Merger – No Judicial Notice (access required)

TD Bank, N.A. v. Mirabella Where defendant’s promissory note promises to pay Carolina First Bank or Carolina First Bank’s order, and where the only evidence that plaintiff is entitled to collect on the note is in several merger documents which were only provided in the appendix of plaintiff’s appellate brief, there is a genuine issue of material fact as to whether plaintiff is entitled to collect on defendant’s note.

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