Legal Opinion

First Colorado Bank & Trust, N.A. v. Plantation Inn, Ltd.

Colorado Court of Appeals

Decided December 22, 1988No. 87CA0592PublishedCited by 5 opinions

1Opinion of the Court

METZGER, Judge.

In this replevin action between two secured creditors, the dispositive issue is whether furniture and other personal property used in a motel restaurant, lounge, and guest rooms constitute inventory as defined by § 4-9-109(4), C.R.S., or are equipment as defined by § 4-9-109(2), C.R. S. We agree with the trial court’s determination that they are equipment and, therefore, affirm.

On December 14, 1981, intervenor, Plantation Inn, Ltd., sold a Denver motel to Denco Investments, Ltd., and Denco executed a promissory note and security agreement in favor of Plantation Inn. The…

2Cases cited4 opinions

  1. Mission Denver Co. v. PiersonSupreme Court of Colorado · 1984
  2. Yeager Trucking v. Circle Leasing of Colorado Corp. (In Re Yeager Trucking)United States Bankruptcy Court, D. Colorado · 1983
  3. United States v. Baptist Golden Age HomeDistrict Court, W.D. Arkansas · 1964
  4. Citizens National Bank of Temple v. BaggerlyCourt of Appeals of Texas · 1983

3Cited by5 opinions

  1. In re Estate of OwensColorado Court of Appeals · 2017
  2. Cooperative Finance Ass'n v. B & J Cattle Co.Colorado Court of Appeals · 1997
  3. Morgan County Feeders, Inc. v. McCormickColorado Court of Appeals · 1992
  4. Attorney General Opinion No., Kansas Attorney General Reports1996
  5. Vehicle Development Corp. Pty Ltd. v. Livernois Vehicle Development, LLCDistrict Court, E.D. Michigan · 2014

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