Deutsche Credit Corp. v. Case Power & Equipment Co.

OPINION

VOSS, Judge.

Case Power and Equipment Company (Case) appeals from summary judgment awarding $8,964.90 to appellee Deutsche Credit Corporation (Deutsche) in its action for conversion of an excavator in which Deutsche had a perfected security interest. The appeal presents the question whether Case took the excavator free of Deutsche’s security interest pursuant to Uniform Commercial Code (UCC) section 9-307, 1 when it bought the excavator in the ordinary course of business from a dealer in such equipment to whom Deutsche’s debtor had transferred title. Also before the court is whether…