Daily Archives: May 17, 2006

Beware of the unofficial agent

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principal-agent.jpgPrincipal-agent law tends to evoke some rather odd outcomes in many Texas lawsuits, even those that involve application of the holder-in-due course principle.
In First Natíl Acceptance Co. v. Bishop, 187 S.W.3d 710 (2006) (Tex.App.-Corpus Christi Feb. 9, 2006), Bishop sold her home to the Gonzalezes through a warranty deed with a vendor’s lien in return for a note from the Gonzalezes secured by a mortgage on the property. Bishop then sold the Gonzalez note and mortgage to ANI, which in turn assigned the note and mortgage to FNAC, which was ANI’s principal lender. In buying the Gonzalez note from Bishop, ANI did not disclose to Bishop its relationship with FNAC.
Alas, the risk of insolvency foiled Bishop’s plan to monetize the Gonzalez note. After Bishop transferred the note and mortgage to ANI and ANI had assigned the note and mortgage to FNAC, ANI apparently went bust while owing big bucks to FNAC and before paying funds to Bishop for the note and mortgage (key tip to noteholders — don’t give up possession of the note until you are paid for it). So, Bishop canceled the deal with ANI and demanded the return of the note and mortgage. Of course, FNAC contended that it was a holder-in-due course of the Gonzalez note and mortgage, and refused to return them to Bishop. Meanwhile, FNAC posted the home for foreclosure, which I’m sure surprised the Gonzalezes, who were continuing to pay the note without knowledge of all these behind-the-scenes machinations.

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Thinking about defensive talent in baseball

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Adam Everett fielding.jpgRegular readers of this blog know that I’m a stathead when it comes to analyzing baseball, primarily because statistics provide a testable measure of a player’s skills that are often misevaluated if left to anecdotal visual analysis of such characteristics as physical size, overall athleticism, fielding slickness, or speed of a pitcher’s fastball. As noted in this earlier post (with links to other posts), the statistical analysis of baseball — commonly known as sabermetrics — has improved the evaluation of baseball players markedly over the past 25 years or so.
Despite that overall improvement in evaluating baseball talent, some skills remain difficult to quantify. While watching slick-fielding Stros SS Adam Everett make his first error of the season last night (after making 177 straight plays), I came across this Washington Post article on a new John Dewan book on fielding, which is one of those difficult skills to quantify. The article notes that Dewan is now making progress on the statistical analysis of the defensive skills of baseball players:

Are such skills measurable? Author John Dewan has come closer than anyone else to quantifying defense in his book “The Fielding Bible,” but some skeptics suggest Dewan — with an assist from noted stats guru Bill James, Dewan’s business partner and friend — has just tried to do something that can’t be done. . .
Dewan’s company, Baseball Info Solutions, employs “video scouts” who review every major league game, charting every batted ball and recording its direction, location, speed, type (line drive, fly ball, etc.) and result. Given any combination of those factors, a computer can spit out how frequently such a play is made by the average major leaguer at that position. . .

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The Nelson Puddle

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Las Colinas lake.jpgThis earlier post pointed out the troubled nature of the four PGA Tour events in Texas these days and, picking up on that them, this Gary Van Sickle/SI.com article scours the Tour’s latest attempt to make the rather pedestrian TPC Course at Four Seasons Resort and Club in Las Colinas a more challenging venue for Dallas’ EDS Byron Nelson Championship. Commenting on the Tour’s decision to install a lake on the left side of the 18th fairway of the course, Van Sickle notes:

The new hazard — OK, it’s not really big enough to be a lake, so let’s call it the Nelson Puddle — got a workout [in last week’s EDS Byron Nelson Open] . . .
“The 18th hole was a pretty good hole,” tournament host Byron Nelson said. “Now it’s a great hole. Even if some players carry it over the water, they’re still behind the trees. It’s become a dogleg out to the right now.”
With respect to the 94-year-old Mr. Nelson, everyone’s favorite legendary golfer, the 18th is still not quite ready for its close-up. It’s true, adding a water hazard has created a new element of danger. It is now a more difficult hole, yes. A great hole? Probably not. [. . .]
The reason the 18th isn’t a great hole is that the water hazard, like a lot of the TPC course, looks artificial. It resembles a swoopy Las Vegas hotel pool with a fountain in the middle. Plus, not many water hazards naturally occur halfway up a hillside.
“It’s a little contrived,” veteran player Billy Andrade said. “It doesn’t look like it fits. This course is kind of a funky layout anyway. I didn’t like the look of it before, either. It doesn’t change a player’s strategy much. You didn’t want to go left before, either.”
As for the players who found the Nelson Puddle early in the tournament, he added, “Maybe they thought it was a mirage and didn’t know it was there.”

With the top PGA Tour players fleeing in droves from this week’s Bank of America Colonial Invitational in Ft. Worth, the Texas swing of the PGA Tour continues its relentless descent into obscurity. When will Tour officials sit up and take notice?