Nat'l Bank of Joliet v. Bergeron Cadillac, Inc.

In December of 1973, the plaintiff, the National Bank of Joliet, brought a replevin action (Ill. Rev. Stat. 1973, ch. 119, par. 1 et seq.) in the circuit court of McLean County against the defendant, Bergeron Cadillac, Inc., seeking to recover a 1971 Cadillac automobile. The trial court entered judgment for the defendant, holding that its common law possessory lien based on repairs it had made on the auto had priority over the plaintiff’s prior security interest under section 9 — 310 of the Uniform Commercial Code (Ill. Rev. Stat. 1973, ch. 26, par. 9-310). The appellate court, with one…