Genesee Merchants Bank & Trust Co. v. Tucker Motor Sales

Under the Uniform Commercial Code is an unpaid cash seller’s right to reclaim goods from the buyer superior or subordinate to the floating lien of the buyer’s secured creditor in the same goods?

In docket no. 71785, Genesee County Circuit Judge Judith Fullerton concluded that the lien was superior and entered summary judgment for the secured creditor. In docket no. 72615, Genesee County Circuit Judge Thomas Yeotis concluded that the right to reclaim was superior and entered judgment for the seller. We conclude that the lien is superior and therefore affirm in docket no. 71785 and reverse in…