Legal Opinion
Carlson v. Giacchetti
Massachusetts Appeals Court
Decided July 29, 1993No. 92-P-80PublishedCited by 14 opinions
1Opinion of the CourtGillerman, J.
Whether, under the Uniform Commercial Code (Code), an equipment lease is to be treated as a “true lease” or as a security agreement is an issue that has been litigated extensively for more than two decades, but has yet to be discussed in any detail by a Massachusetts appellate court. 3 We must do so now, with the benefit of the findings of fact made by a judge of the Superior Court after a bench trial.
The material facts found by the judge are these. John Carlson manufactures, sells and leases machinery used in the repair of damaged automobile bodies. In April of 1988 Carlson leased a…
2Cases cited11 opinions
- K. L. C., Inc. v. Brookside Drug Store, Inc. (In Re Brookside Drug Store, Inc.)United States Bankruptcy Court, D. Connecticut · 1980
- In Re Loop Hospital PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1983
- Patriot General Life Insurance v. CFC Investment Co.Massachusetts Appeals Court · 1981
- Rushton v. SheaDistrict Court, D. Delaware · 1976
- Woodson v. Ford Motor Credit Co. (In Re Cole)District Court, N.D. Oklahoma · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re QDS Components, Inc.United States Bankruptcy Court, S.D. Ohio · 2002
- In Re Grubbs Construction Co.United States Bankruptcy Court, M.D. Florida · 2005
- Kimco Leasing, Inc. v. State Board of Tax CommissionersIndiana Tax Court · 1995
- In Re MurrayUnited States Bankruptcy Court, E.D. Pennsylvania · 1996
- Addison v. BurnettCalifornia Court of Appeal · 1996
9 more not listed; retrieve them via the Exa API.