Legal Opinion
Cole & Sons Trucking Services, Inc. v. Springfield MacK Truck, Inc. (In Re Cole & Sons Trucking Services, Inc.)
United States Bankruptcy Court, D. Massachusetts
Decided January 12, 1990No. 19-30205PublishedCited by 1 opinion
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Bankruptcy Judge.
Presented here is the classic conflict between a buyer asserting warranty coverage and a seller with a claim for repairs and a lien as security. Less common is the seller’s additional claim for storage charges, and lien, for the period that the seller retained possession under its repairman’s lien. A trial having been held, I uphold the repairman’s lien but deny the storage lien.
George Cole and Sons Trucking Service, Inc. (the “Debtor”) has operated as a debt- or in possession since filing its petition under Chapter 11 on May 20, 1989. It is…
2Cases cited7 opinions
- Henry S. Bloomgarden v. Charles B. CoyerCourt of Appeals for the D.C. Circuit · 1973
- Salamon v. TerraMassachusetts Supreme Judicial Court · 1985
- North End Auto Park, Inc. v. PETRINGA TRUCKING CO. INCMassachusetts Supreme Judicial Court · 1958
- Capson v. SUPERIOR COURT OF STATE OF ARIZ., ETC.Arizona Supreme Court · 1984
- Atwood v. Best Buick, Inc.Massachusetts Appeals Court · 1985
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3Cited by1 opinion
- American Glue & Resin, Inc. v. Air Products & Chemicals, Inc.District Court, D. Massachusetts · 1993