Everett National Bank v. Deschuiteneer

The question in this case is whether s. 9-307 (2) of the Uniform Commercial Code (RSA 382-A:9-307 (2)) is limited in its application to transactions between a consumer seller and a consumer buyer. Except for a dictum in one case (National Shawmut Bank v. Vera, 223 N. E. 2d 515 ) there is no specific case in point, although several commentators familiar with the Uniform Commercial Code have discussed the problem.

In pertinent part s. 9-307(2) reads as follows: “In the case of consumer goods ... a buyer takes free of a security interest even though perfected if he buys without knowledge of the…