Secured Transactions Commons^™

Security Transactions, Yancey Reser

Washington Law Review

Covers cases on purchase-money mortgages and mechanics' liens—priorities.

Mortgages - Priorities -Mechanics' Lien Attaching To Optionee's Interest In Land Superior To Purchase Money Mortgage, Roger W. Kapp

Michigan Law Review

The holder of an option to purchase land ordered building materials from plaintiff. The materials were delivered the same day. The option was subsequently exercised by the vendee, and a warranty deed received from the vendor. At the same time a deed of trust was executed and delivered by the vendee to the defendant to secure a loan for the purchase money. The trust deed was properly recorded. Upon a failure of payment, plaintiff filed its mechanic's lien. Defendant subsequently foreclosed its trust deed. Plaintiff commenced this action to foreclose its lien. The trial court held the mechanic's lien superior …

Stockholder Votes Motivated By Adverse Interest: The Attack And The Defense, Earl Sneed

Michigan Law Review

It is the purpose of this article to study stockholder votes motivated by adverse interest from the standpoint of the attack and the defense. First, the remedies available to the complaining minority are examined. Then follows a study of the indicia of adverse interest in specific shareholder actions. Knowledge of the nature and import of these indicia should enable the careful lawyer to avoid or defeat the charge that unconscionable adverse interest vitiated the result of a stockholder vote.

Bankruptcy - Uniform Trust Receipts Act - Rights Of Entruster To A Lien Interest In The General Assets Of Bankrupt Trustee, Barry I. Fredericks

Michigan Law Review

Plaintiff, a credit corporation, used a trust receipt arrangement to finance a car dealer, who thereafter sold a number of the entrusted cars (out of trust sales) without remitting the proceeds to plaintiff. In order to restore some of these proceeds, which had been dissipated in the course of running his business, the car dealer gave plaintiff a trust receipt on ten unencumbered trucks in its possession, in release of part of plaintiff's security interest under the first trust receipts. Plaintiff later sold these ten trucks. Subsequently, in the course of bankruptcy proceedings filed against the car dealer, plaintiff sought …

Assignments Of Security Interests In Dealers' Stocks Of Automobiles

Washington and Lee Law Review

No abstract provided.

The Use Of Set-Off, Counterclaim And Recoupment: Availability Against Commercial Paper, William O. Morris

West Virginia Law Review

No abstract provided.

Kentucky Modernizes The Law Of Chattel Security, Homer Kripke

Kentucky Law Journal

No abstract provided.

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Bills And Notes - Acceptance - Payment By Drawee Of Raised Check Precludes Recovery Under Section 62 Of The Uniform Negotiable Instruments Law, Louis A. Kwiker

Michigan Law Review

Defendant, collection bank and presenter, paid the face amount of a raised check, executed its unqualified indorsement thereon, transmitted the check through regular banking channels, and received payment from drawee bank. Upon discovery of the overpayment plaintiff, surety, reimbursed the drawee and sought recovery from the defendant. The trial court sustained defendant's demurrer. On appeal, held, affirmed. Under section 621 of the Uniform Negotiable Instruments Law, a drawee bank which pays a raised but otherwise genuine check to a non-negligent holder in due course cannot recover the amount by which the instrument was raised because payment constitutes an acceptance …

Security Transactions, Warren L. Shattuck

Washington Law Review

Covers material and equipment suppliers' liens—time of giving notice of lien to property owners and priorities between liens.

Abstracts Of Recent Cases, L. S. D.

West Virginia Law Review

No abstract provided.

Accommodation Parties To Negotiable Instruments, William O. Morris

West Virginia Law Review

No abstract provided.

Creditors' Rights And Security Transactions--1958 Tennessee Survey, Forrest W. Lacey

Vanderbilt Law Review

Fraudulent Conveyances: In Nashville Milk Producers, Inc. v. Alston' a bill to set aside transfers of a herd of dairy cattle alleged that the debtor in 1953 purported to transfer the herd to his wife, and that in 1955 the wife purported to transfer the herd to their son. Both transfers were alleged to have been made for no consideration, or a consideration that was not fair and adequate. The bill also charged that the conveyances rendered the grantor insolvent, and were part of a general scheme participated in by all three defendants to hinder, delay and defraud existing and …

Security Transactions, Anon

Washington Law Review

Summarizes a case on mortgages—obligation requirement and another on chattel mortgages executed in foreign jurisdictions—their validity—rights of creditors with regard thereto.

Bills And Notes - Indorsements - Effect Of Contemporaneous Agreement On The Indorsement Contract, W. Stanley Walch

Michigan Law Review

Plaintiff, payee of a promissory note, indorsed and negotiated the note to the defendant bank. Attached to the note was a separate agreement of assignment and warranty in which the plaintiff assigned the note and a conditional sales contract to defendant, and further agreed to repurchase the note if any of the warranties in the contemporaneous agreement were breached. The maker of the note defaulted and defendant, after due presentment and notice, debited plaintiff's account for the face amount of the note. Plaintiff brought suit to recover the money from defendant on the theory that the contemporaneous agreement had qualified …

Fiduciary Administration - Nominee Statutes - Transfer Of Securities Held For The Benefit Of Another, Joseph T. De Nicola

Michigan Law Review

Michigan is the forty-second jurisdiction to enact a nominee statute. Nominee statutes authorize a fiduciary to nominate a third person to hold stock or securities in the third person's name without giving notice on the stock certificate or on the transfer books of the corporation of his qualified ownership. For the most part it has been assumed that these statutes would facilitate a more rapid transfer of securities. It is the purpose of this comment to compare and analyze these statutes and to determine whether they are the most effective means of accomplishing the end they are intended to serve.

Security Transactions, Warren L. Shattuck

Washington Law Review

Covers foreign corporations and organizations—mortgages—right of action; materialmen's liens—time and manner of giving notice of lien to property owners; and trust receipts.

Creditor's Rights - Fraudulent Conveyances - Security Assignment Of Contract Payments Void If Assignor Retains Control, John A. Beach S.Ed.

Michigan Law Review

An insolvent debtor, who owed some $3,500 on plaintiff's partially-collected judgment, executed an instrument assigning to another creditor, a bank, all moneys due and to become due to the debtor under an existing contract, expressly as security for payment of the debtor's present and future indebtedness to the bank. The contract obligor was notified of the assignment, and thereafter the bank collected the amounts periodically accruing under the contract. The bank applied part of these collected amounts to the balance that the debtor owed the bank. The rest was either handed over to the debtor or credited to his general …

Secured Transactions (Other Than Real Estate Mortgages)—A Comparison Of The Law In Washington And The Uniform Commercial Code, Article 9 [Part 3], Warren L. Shattuck

Washington Law Review

This is the last part of the article begun in volume 29, number 1, and continued in volume 29, number 2. It begins with section 9—401, Place of Filing; Erroneous Filing; Removal of Collateral.

Secured Transactions (Other Than Real Estate Mortgages)—A Comparison Of The Law In Washington And The Uniform Commercial Code, Article 9 [Part 2], Warren L. Shattuck

Washington Law Review

Continues the article started in volume 29, number 1, with section 9—301, Persons Who Take Priority Over Unperfected Security Interests.

Secured Transactions (Other Than Real Estate Mortgages)—A Comparison Of The Law In Washington And The Uniform Commercial Code Article 9, Warren L. Shattuck

Washington Law Review

The National Conference of Commissioners on Uniform State Laws and the American Law Institute in late 1951 approved The Uniform Commercial Code. A few last-minute changes were made in 1953 and the Code is presumably now in final form. The period of critical appraisal, evaluation, and legislative consideration is at hand. It is the purpose of this article to indicate the Secured Transactions consequences, were the Code enacted in the state of Washington. An effort will also be made to suggest the relative advantages of the Code and the existing law; these suggestions should be received with caution. The reader …

Security Transactions, Eli M. Spark

Mercer Law Review

The cases in this field during the period covered were both more numerous and more varied than in the preceding corresponding period.

Security Transactions, Eli M. Sparks

Mercer Law Review

Comparatively little litigation reached the Georgia appellate courts in this field, especially when one considers the extensive and continual use of the various security devices in real estate, business and legal activities. The cases will be classified and treated under descriptive headings.

Sales, Oliver A. Rice

Mercer Law Review

Although this field has not been prolific of cases this year, and although few developments of law have been attained through the presentation of points novel to Georgia, yet it is thought that an indication of them here may form some sort of ready reference for the practicing attorney.

First to be considered are the Georgia cases dealing with the problem of when title to chattels can be passed to a bona fide purchaser by one other than the owner of the chattels.

Suretyship-Right Of Surety On Criminal Bond To Recover Reimbursement Or Contribution. [Minnesota]

Washington and Lee Law Review

No abstract provided.

Suretyship-Consideration To Support A Gratuitous Guaranty Promise Made Subsequent To The Execution Of The Principal Contract. [Washington]

Washington and Lee Law Review

No abstract provided.

Equity--Clean Hands--Iniquity Of One Plaintiff Bars All, D. C. H.

West Virginia Law Review

No abstract provided.

Principal And Surety By Implication Of Law, P. W. H.

West Virginia Law Review

No abstract provided.

The Enforcement Of Oral Promises To Give Real Estate Security, Theodore A. Smedley

Washington and Lee Law Review

No abstract provided.

Suretyship-Right Of Surety Paying Creditor's Claim Against Insolvent Bank To Be Subrogated To Position Of Creditor [American Surety Co. V. Bethlehem National Bank, C. C. A. 3rd, 1940].

Washington and Lee Law Review

No abstract provided.