Legal Opinion
Schultz v. Bank of the West, C.B.C.
Oregon Supreme Court
Decided March 27, 1997No. CC 93CV0201; CA A85556; SC S42658PublishedCited by 8 opinions
1Opinion of the Court
*84GILLETTE, J.
The issue in this case is whether a consumer, who purchases a used motor home from a dealer who was selling the motor home on consignment, acquires that vehicle free of a creditor’s prior perfected security interest in it. For the reasons that follow, we hold that the consumer does take the motor home free of the security interest.
The facts are undisputed. In 1987, defendants (the Muirs) bought a motor home. In 1988, the Muirs created, and defendant Bank of the West (the Bank) acquired and perfected, a security interest in the motor home. In 1992, the Muirs entered into an…
2Cases cited12 opinions
- Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
- Al's Auto Sales v. MoskowitzSupreme Court of Oklahoma · 1950
- Security Bank v. ChiapuzioOregon Supreme Court · 1987
- National Shawmut Bank v. JonesSupreme Court of New Hampshire · 1967
- Martin Brothers Implement Co. v. DiepholzAppellate Court of Illinois · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Michael Kaiser v. Cascade Capital, LLCCourt of Appeals for the Ninth Circuit · 2021
- Dept. of Human Services v. J. S.Oregon Supreme Court · 2021
- Mitchell v. Transamerica Commercial Finance Corp. (In Re Doughty's Appliance, Inc.)United States Bankruptcy Court, D. Oregon · 1999
- Newton v. Bank of the WestCourt of Appeals of Oregon · 2002
- Piatt v. Medford Highlands, LLCCourt of Appeals of Oregon · 2001
3 more not listed; retrieve them via the Exa API.