Legal Opinion

John Deere Industrial Equipment Co. v. Daman Cable Specialists, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 8, 1996Published

1Opinion of the Court

Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Petitioner seeks to enforce a security interest in an excavator that petitioner sold to R. L. Portner, Inc., in 1988. In 1991 the excavator was sold to respondent, by either Oneida Rental, Madison Lumber or R. L. Portner, Inc., all of which are owned or operated by Randy Portner. It is undisputed that Oneida Rental and Madison Lumber were both dealers or merchants in excavation equipment, and that respondent was a purchaser in good faith. Supreme Court…

2Cases cited5 opinions

  1. Deutsche Credit Corp. v. Case Power & Equipment Co.Court of Appeals of Arizona · 1994
  2. Tanbro Fabrics Corp. v. Deering Milliken, Inc.New York Court of Appeals · 1976
  3. Adams v. City National Bank &Trust Co. of NormanSupreme Court of Oklahoma · 1977
  4. Ocean Cty. Nat'l Bank v. PalmerNew Jersey Superior Court Appellate Division · 1983
  5. Marine Midland Bank, N. A. v. Smith Boys, Inc.New York Supreme Court · 1985

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