Legal Opinion

Maryland National Bank v. Porter-Way Harvester Manufacturing Co.

Supreme Court of Delaware

Decided November 24, 1972PublishedCited by 8 opinions

1Opinion of the Court

BIFFERATO, Judge:

This is an appeal from denial by the Superior Court of the petition of Maryland National Bank (Bank) to set aside an execution sale of certain farm equipment sold by Porter-Way Harvester Manufacturing Company (Porter-Way) to Warren Calla-way.

The issues raised in this appeal concern the Superior Court’s interpretation of Article 9, Secured Transactions, Uniform Commercial Code. The specific issues are: (1) Does the financing statement filed by the Bank meet the requirements of 5A Del.C. § 9-402(1) ; and (2) Is a prior creditor’s security interest affected by an execution sale ?

2Cases cited7 opinions

  1. National Cash Register Co. v. Firestone & Co. Inc.Massachusetts Supreme Judicial Court · 1963
  2. Mammoth Cave Production Credit Association v. YorkCourt of Appeals of Kentucky (pre-1976) · 1968
  3. In the Matter of Lowell Louis Lehner, Bankrupt No. 67-B-3931. Household Finance Corporation v. Dolores B. Kopel, Trustee in BankruptcyCourt of Appeals for the Tenth Circuit · 1970
  4. American National Bank & Trust Co. v. National Cash Register Co.Supreme Court of Oklahoma · 1970
  5. Altec Lansing v. Friedman Sound, Inc.District Court of Appeal of Florida · 1967

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Borg-Warner Acceptance Corp. v. Wolfe City National BankCourt of Appeals of Texas · 1976
  2. Southern States Cooperative, Inc. v. Townsend Grain & Feed Co. (In Re L. B. Trucking, Inc.)United States Bankruptcy Court, D. Delaware · 1994
  3. Computer Sciences Corp. v. SCI-TEK, INCORPORATEDSuperior Court of Delaware · 1976
  4. United States v. Monroe Service CompanyCourt of Appeals for the Seventh Circuit · 1990
  5. American Financial Corp. v. Computer Sciences Corp.District Court, D. Delaware · 1983

3 more not listed; retrieve them via the Exa API.

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