Legal Opinion

Dorman v. Morris

Court of Appeals of Wisconsin

Decided November 3, 1994No. 92-2727PublishedCited by 1 opinion

1Opinion of the CourtSchudson, J.

Gerald Morris appeals from a grant of summary judgment to the plaintiffs, who were secured creditors who brought a separate, independent action for money damages against Morris while holding collateral pledged by Morris. We conclude that a secured creditor can retain a debtor's collateral while seeking an independent action for a money judgment. We affirm.

The following facts are undisputed. In March of 1990, Morris received a loan from First Wisconsin National Bank for $150,000. The plaintiffs, through their partnership, Falcon Investments, guaranteed the loan. To induce the plaintiffs to…

2Cases cited9 opinions

  1. Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
  2. Grams v. BossWisconsin Supreme Court · 1980
  3. McCullough v. Mobiland, Inc.Court of Appeals of Georgia · 1976
  4. ITT Terryphone Corp. v. Modems Plus, Inc.Court of Appeals of Georgia · 1984
  5. Chrysler Credit Corp. v. Dioguardi Jeep Eagle, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

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3Cited by1 opinion

  1. Okefenokee Aircraft, Inc. v. Primesouth BankCourt of Appeals of Georgia · 2009

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