Legal Opinion · Dissent

Commercial Trading Co. v. Bassin

Court of Appeals for the Second Circuit

Decided January 15, 1973No. 114, Docket 72-1473Published

1DissentLumbard, Circuit Judge

(dissenting) :

The majority correctly states the question here as “whether Commercial’s *1126secured interest in ‘equipment’ gave it a lien on two Oldsmobile automobiles owned by the bankrupt.” Essentially, this question resolves itself into two very distinct issues: 1) was it the intent of the parties, as expressed in the security agreement, that Commercial could look to these Oldsmobiles as collateral for its loan to the bankrupt; 2) if such was the expressed intent, is the term, “equipment,” a sufficient description of the collateral under §§ 9-110 and 9-203 of the New York Uniform Commercial…

2Cases cited3 opinions

  1. Mammoth Cave Production Credit Association v. YorkCourt of Appeals of Kentucky (pre-1976) · 1968
  2. Security Tire and Rubber Company v. HlassSupreme Court of Arkansas · 1969
  3. Household Finance Corp. v. KopelDistrict Court, D. Colorado · 1969

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