Legal Opinion
Waterhouse v. Carolina Limousine Manufacturing, Inc.
Court of Appeals of North Carolina
Decided October 17, 1989No. 8930SC35PublishedCited by 3 opinions
1Opinion of the Court
EAGLES, Judge.
Waterhouse excepted to the trial court’s conclusions regarding Southwestern’s good faith effort to file and Southwestern’s priority. Because of Southwestern’s failure to file the financing statement with the Secretary of State, Southwestern’s security interest in Carolina’s equipment was not perfected by filing. Both parties agree that Southwestern’s interest was perfected, if at all, by possession, which occurred on 4 December 1987. Therefore, the trial court’s conclusion regarding good faith efforts to file is not dispositive; filing is not the basis on which Southwestern’s…
2Cases cited9 opinions
- Grain Merchants of Indiana, Inc., Bankrupts, Mark L. France, Trustee v. Union Bank and Savings Company, Bellevue, OhioCourt of Appeals for the Seventh Circuit · 1969
- Nationwide Mutual Insurance v. ChantosSupreme Court of North Carolina · 1979
- National Shawmut Bank of Boston v. VeraMassachusetts Supreme Judicial Court · 1967
- William Iselin & Co. v. Burgess & Leigh, Ltd.New York Supreme Court · 1967
- Keesler v. North Carolina National BankSupreme Court of North Carolina · 1961
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3Cited by3 opinions
- In re ShannonUnited States Bankruptcy Court, N.D. Illinois · 2018
- Return of Property in State v. PippinCourt of Appeals of Wisconsin · 1993
- In MATTER OF RETURN OF PROPERTY IN STATE v. PippinCourt of Appeals of Wisconsin · 1993