Legal Opinion
Duncan Box & Lumber Co. v. Applied Energies, Inc.
West Virginia Supreme Court
Decided September 16, 1980No. 14097PublishedCited by 22 opinions
1Opinion of the Court
Miller, Justice:
The question presented by this appeal is whether, under our Uniform Commercial Code [UCC], 1 a bank can obtain a security interest in a depositor’s reserve bank account which would prevail over a suggestee execution issued by a judgment creditor of the depositor.
The First Huntington National Bank [hereinafter Bank] agreed to finance, through a deed of trust, the purchase by Applied Energies, Inc. [hereinafter Debtor] of a tract of land known as Meadow Links Estates. With the purpose of subdividing the tract into lots for mobile home dwellers, Debtor sought further financing…
2Cases cited15 opinions
- Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
- Barbara Fletcher, Etc. v. Rhode Island Hospital Trust National BankCourt of Appeals for the First Circuit · 1974
- United States v. Sterling National Bank & Trust Company of New York, and Third-Party v. Charles S. Smith, Third-PartyCourt of Appeals for the Second Circuit · 1974
- Walton v. Piqua State BankSupreme Court of Kansas · 1970
- Allied Sheet Metal Fabricators, Inc. v. Peoples National BankCourt of Appeals of Washington · 1974
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Congress Talcott Corporation v. Gabriel Gruber Lawrence Herman United States of AmericaCourt of Appeals for the Third Circuit · 1993
- Heffernan v. Wollaston Credit UnionMassachusetts Appeals Court · 1991
- Peoples National Bank of Washington, a National Banking Association v. United StatesCourt of Appeals for the Ninth Circuit · 1985
- Ellefson v. Centech Corp.Supreme Court of Iowa · 2000
- Stonitsch v. Commerce Bank of Kansas City (In Re Amco Products, Inc.)United States Bankruptcy Court, W.D. Missouri · 1982
17 more not listed; retrieve them via the Exa API.