Legal Opinion
ITT Industrial Credit Co. v. Union Bank & Trust Co.
Court of Appeals of Kentucky
Decided April 17, 1981PublishedCited by 9 opinions
1Opinion of the Court
HOWERTON, Judge.
ITT Industrial Credit Company appeals from a summary judgment determining that the Union Bank and Trust Company has a superior lien against a 1973 Speicher trencher with a laser control system and a tracking receiver. ITT presents four arguments for reversal.
1. Priorities under Article 9 are based on a notice filing system and a first secured party to file has priority.
2. The principle that the first to file should have priority is recognized as the better law in a fact situation such as the one at bar.
3. To hold that the appellee has priority over the appellant would be…
2Cases cited5 opinions
- In the Matter of Cantrill Construction Company, Bankrupt. Commercial Bank of Middlesboro, Kentucky v. Nolan Carter, Jr., Trustee in BankruptcyCourt of Appeals for the Sixth Circuit · 1969
- Allis-Chalmers Credit Corp. v. Cheney Investment, Inc.Supreme Court of Kansas · 1980
- In Re Gilchrist CompanyDistrict Court, E.D. Pennsylvania · 1975
- Spector United Employees Credit Union v. SmithCourt of Appeals of North Carolina · 1980
- Porter v. BedellCourt of Appeals of Kentucky (pre-1976) · 1938
3Cited by9 opinions
- Associates Finance v. Conn (In Re Conn)United States Bankruptcy Court, W.D. Kentucky · 1982
- Call Federal Credit Union v. Sweeney (In Re Sweeney)United States Bankruptcy Court, W.D. Kentucky · 2001
- Hubbard Realty Company, Inc., a West Virginia Corporation v. The First National Bank of Pikeville, a National Banking AssociationCourt of Appeals for the First Circuit · 1983
- First National Bank of Grayson v. Citizens Deposit Bank & BankCourt of Appeals of Kentucky · 1987
- In Re PolleyUnited States Bankruptcy Court, W.D. Kentucky · 1998
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