Bank of Beaver City v. Barretts' Livestock, Inc.
Supreme Court of Oklahoma
1Dissent
GURICH, J.,
with whom COLBERT, V.C.J. and REIF, J. join dissenting:
T 1 The majority holds that the good faith requirement of 12A 0.8.2011 § 2-403 does not extend to third parties. Such a holding is not supported by the Uniform Commercial Code,1 and case law interpreting the Code,2 *1096and goes too far-it bars all future third parties from defeating a secured lender's interest under § 2-408 regardless of how egregiously the lender has acted.
12 To be a good faith purchaser for value, a party must act honestly in fact and observe reasonable commercial standards of fair dealings.3 Barretts' Livestock…
2Cases cited7 opinions
- Stowers v. MahonCourt of Appeals for the Fifth Circuit · 1976
- Iola State Bank v. BolanSupreme Court of Kansas · 1984
- Shell Oil Company v. Mills Oil Company, Inc., Citizens Bank of Byhalia, Ms., Dudley R. Moore, Jr. & John Mark Crain, D.D. MillsCourt of Appeals for the Fifth Circuit · 1983
- Maryott v. Oconto Cattle Co.Nebraska Supreme Court · 2000
- Monsanto Co. v. Walter E. Heller & Co.Appellate Court of Illinois · 1983
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