Legal Opinion

Case Credit Corp. v. Portales National Bank

New Mexico Supreme Court

Decided October 6, 1998No. 24361PublishedCited by 10 opinions

1Opinion of the Court

OPINION

FRANCHINI, C.J.

{1} This is a secured transactions case. We address a single issue: whether the proceeds of an unauthorized sale of a tractor, in which Petitioner Case Credit Corporation (Case) held a prior security interest, were converted by Respondent Portales National Bank (Bank), which held a junior lien in the same tractor, when the Bank, having come into ownership of the proceeds as payee on the check, disbursed the money to a third party (the debtor). The trial court’s ruling that there was no conversion was affirmed by the Court of Appeals in an unpublished opinion. We hold…

2Cases cited5 opinions

  1. Harley-Davidson Motor Co., Inc., and Itt Commercial Finance Corp. v. Bank of New England--Old Colony, N.A.Court of Appeals for the First Circuit · 1990
  2. State Ex Rel. State Highway Commission v. PelletierNew Mexico Supreme Court · 1966
  3. Bank of Danville v. Farmers National Bank of DanvilleKentucky Supreme Court · 1980
  4. AAA Auto Sales & Rental, Inc. v. Security Federal Savings & Loan Ass'nNew Mexico Court of Appeals · 1992
  5. Apodaca v. Unknown Heirs of the Following Persons Who Are Adjudged to Be Owners & Proprietors of the Tome Land GrantNew Mexico Supreme Court · 1982

3Cited by10 opinions

  1. Isaac v. CrichlowSuperior Court of The Virgin Islands · 2015
  2. Muncey v. Eyeglass World, LLCNew Mexico Court of Appeals · 2012
  3. AG New Mexico, FCS, ACA v. Borges (In re Borges)United States Bankruptcy Court, D. New Mexico · 2012
  4. Billsie v. BrooksbankDistrict Court, D. New Mexico · 2007
  5. Case Credit Corp. v. Portales National BankNew Mexico Supreme Court · 1998

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