Legal Opinion

In the Matter of Excel Stores, Inc. And Excel Enterprises, Inc., Bankrupts, National Cash Register Company

Court of Appeals for the Second Circuit

Decided February 11, 1965No. 179, 180, Dockets 28432, 28433PublishedCited by 77 opinions

1Opinion of the Court

MEDINA, Circuit Judge:

It was held below that the conditional sale contract between appellant National Cash Register Company and the bankrupt Excel Stores, Inc. was not a sufficient compliance with the requirements of the Uniform Commercial Code embodied in Section 42a-9-402 of the Connecticut General Statutes because not properly “signed.” The defect is that the name “Excel Department Stores” was used instead of “Excel Stores, Inc.” The critical question is whether this mistake was in the category of “minor errors which are not seriously misleading,” Section 42a-9-402, subsection (5). We are…

2Cases cited2 opinions

  1. Benedict v. RatnerSupreme Court of the United States · 1925
  2. General Motors Acceptance Corp. v. HaleyMassachusetts Supreme Judicial Court · 1952

3Cited by77 opinions

  1. In the Matter of Glasco, Inc., D/B/A Elite Boat Company, Bankrupt. Earl T. Brushwood, Trustee v. Citizens Bank of Perry, a Banking CorporationCourt of Appeals for the Fifth Circuit · 1981
  2. In Re Cynthia K. McBee D/B/A Oak Hill Gun Shop, Debtor. National Bank of Texas v. West Texas Wholesale Supply Company v. Republicbank-Austin, Appellee-AppellantCourt of Appeals for the Fifth Circuit · 1983
  3. McMillin v. First National Bank & Trust Co.District Court, W.D. Oklahoma · 1975
  4. John K. Pearson, Trustee v. Salina Coffee House, Inc.Court of Appeals for the Tenth Circuit · 1987
  5. Leichter v. FriedmanCourt of Appeals for the Second Circuit · 1972

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