Morris Plan Co. of St. Joseph v. Broadway National Bank of Kansas City

PRITCHARD, Judge.

The issues are whether the trial court properly granted summary judgment for respondent bank upon the theory (1) that certain checks drawn upon it by Taylor Trailer Sales, Inc., to appellant did not constitute an assignment of the funds to appellant; and (2) whether a genuine issue of fact existed precluding summary judgment by reason of appellant’s pleading in its first amended petition that it had a prior perfected security interest in certain property which was sold by Taylor, which security interest continued in the cash proceeds of the sale under § 400.9-306(2) and (3),…