Legal Opinion
Sherrock v. Commercial Credit Corporation
Superior Court of Delaware
Decided April 23, 1971PublishedCited by 5 opinions
1Opinion of the Court
STIFTEL, President Judge.
In the pretrial stage of the present litigation the question was raised whether plaintiffs could be considered a “buyer in ordinary course of business” so as to be brought within the protection of 5A Del.C. § 9-307(1), which reads, in pertinent part, as follows:
“A buyer in ordinary course of business (subsection (9) of Section 1-201) * * * takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence.”
A “merchant buyer” would be considered a “buyer in ordinary course of…
2Cases cited5 opinions
- Atlas Auto Rental Corp. v. WeisbergCivil Court of the City of New York · 1967
- Universal C. I. T. Credit Corp. v. Middlesboro Motor Sales, Inc.Court of Appeals of Kentucky (pre-1976) · 1968
- Rattan Chevrolet, Inc. v. Associates Discount Corp.Court of Appeals of Texas · 1969
- Mattek v. MalofskyWisconsin Supreme Court · 1969
- Sherrock v. Commercial Credit CorporationSuperior Court of Delaware · 1970
3Cited by5 opinions
- Sherrock v. Commercial Credit CorporationSupreme Court of Delaware · 1972
- Hammer v. ThompsonCourt of Appeals of Kansas · 2006
- Sylvester Motor & Tractor Co. v. Farmers BankCourt of Appeals of Georgia · 1980
- Sherrock v. Commercial Credit CorporationSupreme Court of Delaware · 1972
- Sherrock v. Commercial Credit CorporationSupreme Court of Delaware · 1972