Federal Deposit Insurance Corporation as Receiver of San Francisco National Bank v. David M. Glickman

This action was tried to a jury. On separate verdicts judgments were entered finding appellant Glickman liable on two promissory notes executed in favor of a bank which later, by reason of its insolvency, came under the receivership of Federal Deposit Insurance Corporation [hereinafter referred to as “FDIC”]. The notes were given in the respective sums of $220,500 and $10,000.

Three evidentiary questions are presented on appeal: (1) Whether-the district court erred in excluding a transcript of testimony given in a prior criminal prosecution brought by the United States; (2) Whether the court erred in excluding the testimony of one of the bank’s customers proffered to establish an agency relationship between the bank and one with whom the appellant had had certain dealings; and (3) Whether the court erred in refusing to admit evidence of a previous action brought by FDIC on the $10,000 note which resulted in a co-maker’s discharge from liability.

Prior to the commencement of the instant action the United States prosecuted criminal charges against the president of the insolvent bank and another alleged to be the bank’s agent; a witness was produced by the Government for the…