United States Court of Appeals,
First Circuit.
BARCLAYS BANK PLC, Plaintiff, Appellee,
No. 11–2289.
March 13, 2013.
Background: Lender brought action against borrower, seeking to recover deficiency on secured loan for yacht after
Affirmed.
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Michael D. Vhay, with whom Lauren Ann H. Pond and DLA Piper LLP were on brief, for appellee.
Before BOUDIN,FN*HAWKINS,FN** and THOMPSON, Circuit Judges.
FN* Judge Boudin heard oral argument in this matter and participated in the semble, but he did not partici-
With the help of a loan from Barclays Bank, PLC (“Barclays”), Dr. Thomas Poynter bought a custom-made
yacht. When he stopped making payments on the loan, Barclays repossessed the yacht and sold it. Barclays got less
than what Poynter owed and so it sued him for the deficiency. Poynter moved for summary judgment arguing that
Barclays was not entitled to collect because it had not provided him with proper notice of the sale. The district court
was not convinced; it denied Poynter’s motion and sua sponte granted summary judgment in favor of Barclays.
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
95 Contracts
95II Construction and Operation
95II(A) General Rules of Construction
95k143.5 k. Construction as a whole. Most Cited Cases
170A Federal Civil Procedure
170AXVII Judgment
170AXVII(C) Summary Judgment
170AXVII(C)2 Particular Cases
170Ak2492 k. Contract cases in general. Most Cited Cases
Michael D. Vhay, with whom Lauren Ann H. Pond and DLA Piper LLP were on brief, for appellee.
Before BOUDIN,FN*HAWKINS,FN** and THOMPSON, Circuit Judges.
FN* Judge Boudin heard oral argument in this matter and participated in the semble, but he did not partici-
With the help of a loan from Barclays Bank, PLC (“Barclays”), Dr. Thomas Poynter bought a custom-made
yacht. When he stopped making payments on the loan, Barclays repossessed the yacht and sold it. Barclays got less
than what Poynter owed and so it sued him for the deficiency. Poynter moved for summary judgment arguing that
Barclays was not entitled to collect because it had not provided him with proper notice of the sale. The district court
was not convinced; it denied Poynter’s motion and sua sponte granted summary judgment in favor of Barclays.