Legal Opinion
Farmers State Bank of Parkston v. Otten
South Dakota Supreme Court
Decided February 14, 1973No. File 10884PublishedCited by 25 opinions
1Opinion of the CourtBiegelmeier, Presiding Justice
(on reassignment).
Defendant, George Otten, and one George Weiss signed a note to plaintiff bank for $2,200. To secure this loan Otten executed a security agreement to the bank on a tractor and trailer. On April 4, 1969, Otten was in default in payment of the loan, whereupon the bank, under its security agreement, and Weiss (without any right) took physical possession of the collateral and thereafter retained possession of it. No proceedings were ever taken for sale or other disposition of the collateral under our Uniform Commercial Code — Secured Transactions, herein cited as UCC. See SDCL…
2Cases cited9 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Atlas Thrift Co. v. HoranCalifornia Court of Appeal · 1972
- Mallicoat v. Volunteer Finance & Loan Corp.Court of Appeals of Tennessee · 1966
- Braswell v. American National BankCourt of Appeals of Georgia · 1968
- Michigan National Bank v. MarstonMichigan Court of Appeals · 1970
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Rushmore State Bank v. Kurylas, Inc.South Dakota Supreme Court · 1988
- Jones v. MorganMichigan Court of Appeals · 1975
- Franklin Inv. Co., Inc. v. SmithDistrict of Columbia Court of Appeals · 1978
- Randolph v. Franklin Inv. Co., Inc.District of Columbia Court of Appeals · 1979
- Service Chevrolet, Inc. v. SparksWashington Supreme Court · 1983
20 more not listed; retrieve them via the Exa API.