Aetna Finance Corp. v. Massey-Ferguson, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

STECKLER, District Judge.

This matter is before the Court for a decision on the merits following trial to the Court.

In this case the Court is called upon to determine which of two secured creditors is entitled to possession of a tractor or to the proceeds of its sale. Plaintiff, Thorp Credit Inc. of Indiana (Thorp), has a security interest in the tractor by virtue of its purchase of a retail installment sales contract from the dealer, Martinsville Equipment Co. Defendant, Massey-Ferguson, Inc., has a security interest in the same tractor by virtue of its…