First of America Bank-Oscoda v. Volpe

This is an appeal from an order of final judgment entered in an action for claim and delivery. In 1986, plaintiff First of America Bank-Oscoda accepted a promissory note for $36,117.45 from William G. Soper, who pledged as security various pieces of construction equipment. Plaintiff then perfected its security interest in the collateral offered by Soper. In 1987, defendant Joseph Volpe, through his general contractor, hired Sop-er’s excavating company to perform various work on a parcel of his property. In the fall of 1987, Soper & Sons Excavating, Inc., completed the work, but left an…