Legal Opinion

National City Bank, Norwalk v. Golden Acre Turkeys, Inc.

Ohio Supreme Court

Decided December 14, 1992No. 91-2315Published

1Opinion of the CourtBrogan, J.

The narrow issue raised by this appeal is whether turkey processing equipment is “equipment used in farming operations” within the contemplation of R.C. 1309.38(A)(2), so that a security interest in such equipment is perfected when the financing statement is filed with the county recorder of the debtor’s residence.

The relevant Ohio filing statute is now R.C. 1309.38(A)(2) and (4),1 which provide:

“(A) The proper place to file in order to perfect a security interest is as follows:

(( * * *

“(2) when the collateral is equipment used in farming operations, or farm products, or accounts or general…

2Cases cited4 opinions

  1. Sequoia MacHinery Inc., a Corporation, and Kaweah Company, a Corporation v. J. Roderick Jarrett, Trustee of the Estate of James C. Clark, BankruptCourt of Appeals for the Ninth Circuit · 1969
  2. In Re BurgessUnited States Bankruptcy Court, W.D. Oklahoma · 1983
  3. K. L. Smith Enterprises, Ltd. v. United Bank of Denver National Ass'n (In Re K. L. Smith Enterprises, Ltd.)United States Bankruptcy Court, D. Colorado · 1980
  4. Albion National Bank v. Farmers Cooperative Ass'nNebraska Supreme Court · 1988

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