Legal Opinion
First National Bank v. Southwestern Livestock, Inc.
District Court, D. Kansas
Decided September 9, 1985No. 85-1021-KPublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PATRICK F. KELLY, District Judge.
This is a conversion action against a Kansas auction house for the wrongful sale of livestock in which plaintiff held a security interest. Defendant filed a motion for summary judgment on the ground plaintiff failed to perfect its security interest in Kansas within four months after the livestock were brought into this state from Oklahoma. The Court concludes, however, an unperfected secured creditor may maintain an action for conversion against its debtors’ agent. Defendant’s motion for summary judgment is denied.
Plaintiff First National…
2Cases cited18 opinions
- Mammoth Cave Production Credit Ass'n v. OldhamCourt of Appeals of Tennessee · 1977
- United States v. Walter A. Hext, Sr., Harlingen Compress CompanyCourt of Appeals for the Fifth Circuit · 1971
- United States v. Sandy Sommerville, Trading and Doing Business Under the Name and Style, New Wilmington Livestock AuctionCourt of Appeals for the Third Circuit · 1964
- United States v. Henry W. Matthews and Nettie Matthews, Doing Business Under the Firm Name and Style of Yuba Livestock Auction CompanyCourt of Appeals for the Ninth Circuit · 1957
- North Central Kansas Production Credit Ass'n v. Washington Sales Co.Supreme Court of Kansas · 1978
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sanborn County Bank, Inc. v. Magness Livestock Exchange, Inc.South Dakota Supreme Court · 1987
- The First National Bank of Amarillo v. Southwestern Livestock, Inc.Court of Appeals for the First Circuit · 1988
- Farmers Livestock Exchange of Bismarck, Inc. v. UlmerNorth Dakota Supreme Court · 1986
- Kunkel v. Ries (In Re Morken)United States Bankruptcy Court, D. Minnesota · 1996
- Michigan National Bank v. Michigan Livestock ExchangeMichigan Supreme Court · 1989
6 more not listed; retrieve them via the Exa API.