Clark Oil & Refining Co. v. Liddicoat

This case involves the priority of a judgment lien creditor, Clark Oil and Refining Company, as against a creditor, Transport Oil Company, Inc., who placed goods in the hands of the debtor, Gilmore W. Lid-dicoat, on a “consignment” basis. We conclude that, under the circumstances of this case, where the facts show that the intent was to use the consignment as a security device, it was not a true consignment, and in the absence of filing, as required by ch. 409, Stats., Uniform Commercial Code, the rights of an attaching judgment creditor were not subordinate to the consignment. We also…