Maine Farmers Exchange, Inc. v. Farm Credit of Maine, A.C.A.

SAUFLEY, C.J., and DANA, J.,

concurring in part and concurring in the judgment.

[¶ 23] We concur in the result but write separately to address the question of the security interest in the goods that the Court has declined to reach. We agree with the Court’s conclusion that MFX had the right pursuant to former 11 M.R.S.A. § 9-818(l)(a) (1995)11 to set off the amount NEI owed it for the potato bags against the account receivable for potato purchases owed to NEI and assigned to Farm Credit; although a different characterization of the facts would have been possible, the Superior Court’s finding…