United States Fourth Circuit

In a court appointed receiver's suit against defendant seeking to recover receivership property, district court's grant of summary judgment in favor of the receiver is affirmed where: 1) district court properly exercised subject matter jurisdiction; 2) because the promissory note constitutes a negotiable instrument, the applicable statute of limitations period is six years, and it is undisputed that the receiver's suit was filed within that time period; and 3) the district court properly excluded evidence that contradict the terms of the note.

Appellate Information

• Argued 05/11/2010
• Decided 06/29/2010
• Published 06/29/2010

Judges

• SHEDD, J.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Mitchell Jay Rotbert, Gary Owen Caris