Legal Opinion
United States National Bank v. Boge
Oregon Supreme Court
Decided July 25, 1991No. CC 86-2083, CA A50913, SC S37348PublishedCited by 60 opinions
1Opinion of the CourtGraber, J.
This civil case involves a dispute between a bank and its borrower. We decide three questions: (1) Does the duty of good faith imposed by Article 9 of the Uniform Commercial Code (UCC), ORS chapter 79, displace the common law duty of good faith? (2) What is the standard of good faith that Article 9 of the UCC requires? (3) Was there sufficient evidence to support the verdict of the jury, which found a breach of the duty of good faith? We hold: (1) The duty of good faith imposed by Article 9 of the UCC displaces the common law duty of good faith. (2) With an exception not applicable in this…
2Cases cited26 opinions
- Garrett v. BankWest, Inc.South Dakota Supreme Court · 1990
- Sheets v. KnightOregon Supreme Court · 1989
- Best v. United States National BankOregon Supreme Court · 1987
- Federal Deposit Insurance Corp. v. ColemanTexas Supreme Court · 1990
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1970
21 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Georgetown Realty, Inc. v. Home InsuranceOregon Supreme Court · 1992
- Uptown Heights Associates Ltd. Partnership v. Seafirst Corp.Oregon Supreme Court · 1995
- Pacific First Bank v. New Morgan Park Corp.Oregon Supreme Court · 1994
- Tolbert v. First National BankOregon Supreme Court · 1991
- Glenfed Financial v. Penick Corp.New Jersey Superior Court Appellate Division · 1994
55 more not listed; retrieve them via the Exa API.