Deere & Co. v. New Holland Rochester, Inc.

OPINION

BAKER, Chief Judge.

Here, a business had a perfected security interest in farm equipment. The debtor traded the equipment to a second business, which was aware of the liens but relied upon statements made by third parties that the liens had been satisfied. Rather than relying on the statements of third parties, the second business should have contacted the lienholder directly. The lienholder filed a claim for replevin and we conclude that the trial court erred by de nying its request for prejudgment possession of the equipment.

Appellant-plaintiff Deere & Company (Deere) appeals the…