Rothstein v. First Nat. Bank of Atlanta

Decision Date28 January 1977
Docket NumberNo. 53286,No. 1,53286,1
Citation233 S.E.2d 802,141 Ga.App. 526
CourtGeorgia Court of Appeals
PartiesH. B. ROTHSTEIN v. FIRST NATIONAL BANK OF ATLANTA

Herman B. Rothstein, pro se.

Maley & Crowe, Wayne C. Crowe, W. Christopher Bracken, Ronald F. Johnson, Atlanta, for appellee.

SMITH, Judge.

In the present action by a borrower against a defendant bank based upon alleged fraud in the execution of certain notes by the borrower and damage to the borrower's credit resulting therefrom, there was no error in granting the defendant bank's motion for summary judgment based upon res judicata or estoppel by judgment on the ground that in a prior action brought by the bank against the borrower upon said notes, in which the same alleged fraud was pleaded as a defense and as the basis of a counterclaim therein, a judgment was rendered in favor of the bank. This is true even though the alleged damage to the credit of the borrower (he was turned down for other loans) may have occurred after the judgment rendered in the prior suit, this for the reason that while the damages may have thus...

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6 cases
  • Rose Hall, Ltd. v. CHASE MANHATTAN OVERSEAS BANK.
    • United States
    • U.S. District Court — District of Delaware
    • June 27, 1980
    ...for the alleged tortious interference with his rights which occurred in the summer of 1976. See Rothstein v. First National Bank of Atlanta, 141 Ga.App. 526, 233 S.E.2d 802 (1977). Even if Rose Hall is right in asserting that the matters in issue in Georgia where distinguishable from those ......
  • Cooper v. Public Finance Corp.
    • United States
    • Georgia Court of Appeals
    • June 16, 1978
    ... ... 257] Neil L. Heimanson, Atlanta, for appellants ...         Arnall, Golden & ... the second action they filed an amendment in the first suit striking Mr. Sneed and his firm as defendants, leaving ... Thomson, 215 Pa. 209, 64 A. 421, 424; First Nat. Bank v. Lewinson, 12 N.M. 147, 76 P. 288; Hogle v ... 347, 199 S.E.2d 620; Rothstein v. First Nat. Bank of Atlanta, 141 Ga.App. 526, 233 ... ...
  • Singer v. Steven Kokes, Inc.
    • United States
    • Court of Special Appeals of Maryland
    • April 12, 1978
    ...Seidenberg, 108 A.2d 159, 160 (D.C.Mun.App.1954); Dowling v. Pound, 214 Ga. 298, 104 S.E.2d 465, 467 (1958); Rothstein v. First National Bank, 141 Ga.App. 526, 233 S.E.2d 802 (1977); Simmons v. Mutual Benefit Health and Accident Association, 186 Neb. 26, 180 N.W.2d 672, 675-676 In alleging ......
  • Madison, Ltd. v. Price
    • United States
    • Georgia Court of Appeals
    • July 28, 1978
    ...Smith v. Smith, 125 Ga. 83, 54 S.E. 73 (1906); Crawford v. Baker, 86 Ga.App. 855, 72 S.E.2d 790 (1952); Rothstein v. First Nat. Bank, 141 Ga.App. 526, 233 S.E.2d 802 (1977). See generally Summer-Minter & Assoc. v. Giordano, 231 Ga. 601, 203 S.E.2d 173 The judgment in the first case 1 that M......
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