Legal Opinion · Dissent

DeLay First National Bank & Trust Co. v. Jacobson Appliance Co.

Nebraska Supreme Court

Decided June 30, 1976No. 40341Published

1DissentClinton, J.

I dissent for several reasons. First, I cannot agree that where collateral is disposed of in a series of sales, failure to give notice of one such sale deprives the holder of the security interest of all right to a deficiency judgment and the right to rely upon a guaranty, even though all sales are conducted in a commercially reasonable manner and the lack of notice caused no loss whatever. Such a result is patently unjust and is not mandated either by the provisions of the Uniform Commercial Code or by our holding in Bank of Gering v. Glover, 192 Neb. 575, 223 N. W. 2d 56. Secondly, I find…

2Cases cited6 opinions

  1. Bank of Gering v. GloverNebraska Supreme Court · 1974
  2. Union & Mercantile Trust Co. v. HarnwellSupreme Court of Arkansas · 1923
  3. Ex Parte KellerSupreme Court of South Carolina · 1937
  4. Offredi v. HuhlaSupreme Court of Connecticut · 1948
  5. In Re NewbroughMichigan Supreme Court · 1931

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