Nbd Bank, Na v. Timberjack, Inc

This case involves a priority battle between two secured creditors’ interest in the same collateral. Defendant Timberjack, Inc., appeals the trial court’s order granting partial summary disposition in favor of plaintiff, NBD Bank, N.A., pursuant to MCR 2.116(0(10). The trial court determined that Timberjack lost its status as a perfected secured creditor when it filed a premature continuation statement concerning the subject collateral. We affirm.

Timberjack, formerly Eaton-Yale, Ltd., is a Canadian corporation that manufactures logging and forestry equipment. In 1971, Cedar Springs Tractor &…