Battle Creek State Bank v. Haake

Battle Creek State Bank (BCSB) appeals a jury verdict entered in favor of Ron Haake following the trial of BCSB’s conversion claim and the denial of BCSB’s motion for new trial. BCSB alleged that Haake wrongfully converted certain cash proceeds which BCSB alleged belonged to it. BCSB assigns as error the trial court’s refusal to retroactively apply the 1994 amendments to Neb. U.C.C. § 9-306(2) (Cum. Supp. 1994) and the entry of the jury’s verdict finding that BCSB impliedly waived its right to enforce its security interest in certain cash proceeds. For the reasons recited below, we conclude…