Rush v. U.S. Bancorp Equipment Finance, Inc.
South Dakota Supreme Court
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] In this appeal from a summary judgment, a debtor contends that its creditor should have protected the debtor’s financial circumstances by perfecting the creditor’s security interest. From the language of the contract documents, we conclude that the security interest was for the protection of the creditor, and its failure to perfect that interest created no claim for the debtor. Therefore, we affirm summary judgment for the creditor.
Background
[¶ 2.] William Rush is the president of North American Truck & Trailer and Carolina Commercial Truck Sales, LLC. Rush, North…
2Cases cited11 opinions
- Wilson v. Great Northern Railway CompanySouth Dakota Supreme Court · 1968
- State, Department of Revenue v. ThiewesSouth Dakota Supreme Court · 1989
- Sharp v. SharpSouth Dakota Supreme Court · 1988
- Heib v. LehrkampSouth Dakota Supreme Court · 2005
- KEYSTONE PLAZA CONDOMINIUMS ASSOCIATION v. EastepSouth Dakota Supreme Court · 2004
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kirksey v. GrohmannSouth Dakota Supreme Court · 2008
- In Re the Estate of FlawsSouth Dakota Supreme Court · 2012
- Sacred Heart Health Services v. Yankton CountySouth Dakota Supreme Court · 2020
- Domson, Inc. v. Kadrmas Lee & Jackson, Inc.South Dakota Supreme Court · 2018
- Johnson v. RADLESouth Dakota Supreme Court · 2008
3 more not listed; retrieve them via the Exa API.