First National Bank of Steeleville, N.A. v. Erb Equipment Co.
Missouri Court of Appeals
1Opinion of the Court
SMITH, Presiding Judge.
Plaintiff, First National Bank of Steele-ville, brought this action to recover the proceeds of sales of John Deere machinery by defendant, Erb Equipment Company. Erb had repossessed the machinery from Am-Earth Corporation, a debtor of both plaintiff and defendant. Defendant, by counterclaim, sought a declaration that it held purchase money lienor status as to the machinery seized and was entitled to equitable subrogation. The court entered a Summary Judgment in plaintiffs favor for $437,500, denied defendant’s affirmative defenses and counterclaim, and granted…
2Cases cited14 opinions
- Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
- Matter of JonesUnited States Bankruptcy Court, M.D. North Carolina · 1980
- Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. NuckollsCourt of Appeals for the Fourth Circuit · 1985
- Southtrust Bank of Alabama, National Association, Formerly Named Birmingham Trust National Bank v. Borg-Warner Acceptance Corp., a CorporationCourt of Appeals for the Eleventh Circuit · 1985
- Associates Finance v. Conn (In Re Conn)United States Bankruptcy Court, W.D. Kentucky · 1982
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3Cited by11 opinions
- Jet Midwest International v. F. Paul OhadiCourt of Appeals for the Eighth Circuit · 2020
- In Re WeiserUnited States Bankruptcy Court, W.D. Missouri · 2007
- Conseco Finance Servicing Corp. v. Missouri Department of RevenueSupreme Court of Missouri · 2006
- ProGrowth Bank, Inc. v. Wells Fargo Bank, N.A.Court of Appeals for the Eighth Circuit · 2009
- First National Bank of Steeleville, National Ass'n v. ERB Equipment Co.Missouri Court of Appeals · 1998
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