Coeur D'Alene Mining Co. v. First National Bank

I respectfully dissent from Part II of the Court’s opinion. The majority’s attempt to bring a clear, reasonable and unified reading to the Uniform Commercial Code (U.C.C.) and the Uniform Fiduciaries Act (U.F.A.), is commendable. However, it is flawed, I believe. Furthermore, I do not agree with the majority’s conclusion that the result in this case would be the same regardless of whether the U.C.C. or the U.F.A. is controlling. Rather, I concur with the district court’s conclusion that the U.F.A. governed this case as a matter of law. The district court wrote:

Idaho Code § 68-309 upon which…