Legal Opinion

Citizens National Bank of Denton v. Cockrell

Texas Supreme Court

Decided May 5, 1993No. D-0805PublishedCited by 9 opinions

1Opinion of the Court

OPINION

PHILLIPS, Chief Justice.

The issue in this case is whether a seller of equipment timely filed financing statements reflecting his purchase money security interest. To decide this question, we must determine when the purchaser received possession of the equipment. We conclude that as a matter of law the purchaser’s control over the equipment after sale constituted “possession” within the meaning of Tex.Bus. & Com.Code § 9.312(d), and we therefore reverse the judgment of the court of appeals for the seller against a competing creditor. 802 S.W.2d 319.

Respondent John H. Cockrell, Jr. owned…

2Cases cited13 opinions

  1. In the Matter of Automated Bookbinding Services, Inc., Bankrupt. Finance Company of America v. Hans Mueller CorporationCourt of Appeals for the Fourth Circuit · 1972
  2. Transport Equipment Company v. Guaranty State BankCourt of Appeals for the Tenth Circuit · 1975
  3. Brodie Hotel Supply, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1970
  4. Commerce Union Bank v. John Deere Indus. Equipment Co.Supreme Court of Alabama · 1980
  5. Greenbush State Bank v. StephensCourt of Appeals of Minnesota · 1990

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hassett v. Bancohio National Bank (In Re CIS Corp.)District Court, S.D. New York · 1994
  2. Resolution Trust Corp. v. Tarrant County Appraisal DistrictCourt of Appeals of Texas · 1996
  3. Franklin National Bank v. Boser, Texas Court of Appeals, 6th District (Texarkana)1998
  4. Uni-Products, Inc. v. Bearse (In Re Uni-Products, Inc.)United States Bankruptcy Court, E.D. Michigan · 1993
  5. First Bethany Bank & Trust, N.A. v. Arvest United BankSupreme Court of Oklahoma · 2003

4 more not listed; retrieve them via the Exa API.

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