Chattel Mortgage

457 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Malone v. Meres
  109 So. 677· Fla.· 1926-04-30 ·cited 406×
  The Florida Supreme Court affirmed the lower court's decision enforcing an equitable lien on personal property under a conditional installment sale contract. The court held that courts of general equity jurisdiction have the power to adjudicate lien claims arising from sale contr
• Voges v. Ward
  98 Fla. 304· Fla.· 1929-07-31 ·cited 147×
  In this replevin case, the Florida Supreme Court clarifies that a conditional sales contract for a motor truck, despite certain mortgage-like provisions, remains enforceable as a conditional sale rather than a chattel mortgage. The court reverses the trial judgment which awarded
• Point Landing, Inc. v. Ala. DRY Dock & Shipbuilding Co.
  261 F.2d 861· 5th Cir.· 1958-11-21 ·cited 96×
  The court held that the intervenor's claim for a maritime lien was improperly denied without a hearing, as the facts did not establish waiver or laches as a matter of law.
• United Contractors, Inc. v. United Constr. Corp.
  187 So. 2d 695· Fla. 2d DCA· 1966-06-10 ·cited 75×
  In this secured transaction dispute, the Second District Court of Appeal addressed whether a consolidated promissory note and chattel mortgage executed by one party (Construction) could bind equipment that another party (Contractors) had already acquired and was faithfully paying
• Summerlin v. Orange Shores, Inc.
  97 Fla. 996· Fla.· 1929-05-28 ·cited 68×
  The Florida Supreme Court held that a subsequent chattel mortgage on future citrus fruit crops is subordinate to a prior real estate mortgage on the land itself, and that a mortgagee cannot create a superior lien on fruit not yet in existence at the time of default on the first m
• Cary & Co. v. Hyer
  91 Fla. 322· Fla.· 1926-02-24 ·cited 68×
  Cary & Company sought to replevy an automobile from J. Whiting Hyer, claiming title and right to possession based on a written conditional sales contract with T. H. Lacey. The central issue was whether the transaction between Cary & Company and Lacey was a true conditional sale o
• Mizell Live Stock Co. v. J. J. McCaskill Co.
  59 Fla. 322· Fla.· 1910-01-01 ·cited 66×
  Mizell Live Stock Company sought to recover possession of two mules through replevin against J. J. McCaskill Company. The trial court erred in refusing to admit a conditional sales instrument into evidence, which would have established Mizell's retained title to the mules. The Fl
• United States v. Seymour Beitscher and James E. Riley
  467 F.2d 269· 10th Cir.· 1972-10-03 ·cited 64×
  The court held that the pre-indictment delay did not violate due process or speedy trial rights without a showing of actual prejudice, and that the evidence was sufficient to sustain mail fraud convictions.
• Love v. United States
  871 F.2d 1488· 9th Cir.· 1989-04-06 ·cited 61×
  The court held that the Loves' claims for conversion and breach of the implied covenant of good faith and fair dealing are cognizable under the FTCA, and their claim against individual officials for denial of due process is a valid Bivens claim.
• Denver F. Dicks v. Colonial Fin. Corp.
  85 So. 2d 874· Fla.· 1956-03-07 ·cited 52×
  In this replevin action, the Florida Supreme Court affirmed a summary judgment for Colonial Finance Corporation against Denver Dicks regarding ownership of a 1951 Chrysler automobile. The court held that Colonial Finance's lien, based on a valid conditional sales contract assignm
• Campbell Printing Press & Mfg. Co. v. Whitfield Walker
  22 Fla. 412· Fla.· 1886-06-01 ·cited 52×
  Campbell Printing Press & Manufacturing Company sought to recover a printing press from Whitfield Walker, who obtained it through assignment from the original purchasers (Ashmead Brothers). The Florida Supreme Court held that the sales contract constituted a valid conditional sal
• The Scotch Mfg. Co. v. Carr
  53 Fla. 480· Fla.· 1907-01-01 ·cited 47×
  This case involves a dispute over the ownership of property sold under a verbal agreement. The court affirmed the lower court's decision, holding that the agreement was a conditional sale, not a chattel mortgage, and the original seller could reclaim the property.
• Charles A. Wright, Inc. v. F. D. Rich Co.
  354 F.2d 710· 1st Cir.· 1966-01-05 ·cited 44×
  The court held that the plaintiff's general objections to jury instructions were insufficient to preserve the issue for appeal, and that the exclusion of testimony regarding a prior oral conversation was proper under the parol evidence rule.
• In re McMANUS v. Avco Fin. Servs. of La., Inc.
  681 F.2d 353· 5th Cir.· 1982-07-26 ·cited 43×
  The dissent argues that 11 U.S.C. § 522(f) is available to a Louisiana debtor to avoid a nonpossessory, nonpurchase-money security interest in household goods, despite state law. The dissent believes federal law, under the supremacy clause, overrides state policy on waiver of exe
• Coral Gables First Nat'l Bank v. Constructors OF Fla. Inc.
  119 So. 2d 741· Fla. 3d DCA· 1960-03-22 ·cited 43×
  The court affirmed a trial court's finding that a loan transaction between two banks and a construction company was usurious, with interest charges exceeding 25% per annum. The court modified the penalties imposed, holding that a national bank cannot lose unpaid principal under f
• Pompano Paint Co. v. Pompano Beach Bank & Tr. Co.
  208 So. 2d 152· Fla. 4th DCA· 1968-03-19 ·cited 42×
  The court held that a summary judgment was improperly granted because the plaintiff's supporting affidavits did not negate the defendant's affirmative defenses, and the defendant's attorney's affidavit raised a material issue of fact regarding payment.
• Eve Pence v. Ennis
  163 So. 2d 330· Fla. 2d DCA· 1964-04-29 ·cited 42×
  This case involves a dispute over the purchase price of a business. The appellate court affirmed the lower court's decision due to the absence of a trial transcript, making it impossible to review the factual findings.
• Director OF Revenue v. United States
  392 F.2d 307· 10th Cir.· 1968-04-01 ·cited 41×
  The court held that the appeal was timely because a motion for rehearing filed before final judgment, which was later considered by the court, tolls the time for appeal. It also held that the SBA's lien had priority over state tax liens.
• Bryan & Sons Corp. v. Sivert Klefstad
  265 So. 2d 382· Fla. 4th DCA· 1972-07-17 ·cited 40×
  In this second appeal of a land-clearing contract dispute, the Fourth District Court of Appeal affirmed the trial court's denial of defendants' claims for additional compensation for sub-lateral canal work, interest on the judgment, and additional attorney's fees, but reversed th
• Coral Realty Co. v. Peacock Holding Co.
  103 Fla. 916· Fla.· 1931-12-21 ·cited 39×
  This case addresses whether a foreclosure decree on a mortgage should operate as res judicata to bar a subsequent bill in equity seeking to set aside the original purchase deeds based on fraudulent misrepresentation. The Florida Supreme Court held that the foreclosure decree did
• Fireman's Fund Ins. Co. v. Wilburn Boat Co.
  300 F.2d 631· 5th Cir.· 1962-03-23 ·cited 38×
  The court affirmed the district court's judgment, holding that Texas law, not general maritime law, controlled the interpretation of the marine insurance policy.
• United States v. Kramel
  234 F.2d 577· 8th Cir.· 1956-06-20 ·cited 38×
  The court held that Missouri law, not federal law, governs a conversion claim against a livestock commission dealer for selling mortgaged cattle, and under Missouri law, such a dealer is not liable without knowledge of the mortgage.
• Kincade v. Mikles
  144 F.2d 784· 8th Cir.· 1944-10-05 ·cited 38×
  The court held that the trial court erred in entering a judgment against the surety company which was not a party to the action, but affirmed the judgment against the construction company for negligence.
• United States v. Hext
  444 F.2d 804· 5th Cir.· 1971-06-25 ·cited 36×
  The court held that buyers in the ordinary course of business, who purchased cotton from a gin owned by the farmer who granted the FHA a security interest, took the cotton free of that security interest under UCC § 9-307(1). Consequently, intermediaries who facilitated the sale w
• United States v. ONE 1970 Buick Riviera Bearing Serial NO. 494870H910774
  463 F.2d 1168· 5th Cir.· 1972-05-12 ·cited 34×
• Scheneman v. Barnett
  53 So. 2d 641· Fla.· 1951-04-06 ·cited 34×
  The Florida Supreme Court reviewed an order denying a deficiency decree after a chattel mortgage foreclosure. The court held that while the decision to grant a deficiency decree is within the court's discretion, it must be based on equitable principles and supported by the record
• Nash Miami Motors, Inc. v. Louie Bandel for the A. A. Auto Sales-Rentals, Inc.
  160 Fla. 925· Fla.· 1948-11-02 ·cited 34×
  The court held that service of process on the Insurance Commissioner was valid, as the Kansas statute permits suits against foreign insurers in the county of the plaintiff's residence, regardless of where the cause of action arose. The court also affirmed the allowance of pre-jud
• McQueen v. M. & J. Fin. Corp.
  59 So. 2d 49· Fla.· 1952-05-20 ·cited 33×
  The Florida Supreme Court affirmed a judgment against a car buyer who failed to obtain a Florida certificate of title before purchasing a vehicle, holding that this failure prevented him from being considered a bona fide purchaser and thus liable for converting the security inter
• United States v. UNUM, Inc.
  658 F.2d 300· 5th Cir.· 1981-10-05 ·cited 32×
  The court held that the defendants, as makers of the note, could not assert the unjustifiable impairment of collateral defense under UCC § 3-606, and that the commercial reasonableness defense under UCC § 9-504 was waived by failure to plead it timely.
• Cassidy Comm'n Co. v. United States
  387 F.2d 875· 10th Cir.· 1967-11-08 ·cited 32×
  The court held that a purchaser of mortgaged property from a mortgagor takes the risk that the mortgagor will meet the requirements for release from the mortgage, and the United States is not bound by state statutes of limitations or laches in enforcing its rights.
• H. L. Peterson Co. v. Applewhite
  383 F.2d 430· 5th Cir.· 1967-09-01 ·cited 32×
  The court held that the district court had jurisdiction over Peterson, the counterclaim was not barred by the statute of limitations, and Peterson committed legal fraud. The measure of damages was not erroneous.
• The Farmers Bank OF Clinton v. Vance Julian in Bankruptcy of Roby C. Woody
  383 F.2d 314· 8th Cir.· 1967-08-08 ·cited 32×
  The court held that the Referee's findings invalidating the bank's secured claim under the November 1957 chattel mortgage and subordinating that claim were clearly erroneous. The court also found the Referee's determination that the bank's setoff of the bankrupt's account was a v
• Pillans & Smith Co., Inc. v. Lowe
  117 Fla. 249· Fla.· 1934-11-14 ·cited 32×
  A Florida Supreme Court case addressing whether a verbal lease creates a valid landlord's lien superior to a subsequently executed chattel mortgage. The court held that despite the 1931 amendment classifying verbal leases as tenancies at sufferance, the landlord retains his statu
• The J. G. White Eng'g Corp. v. Peoples State Bank of Lakeland
  81 Fla. 35· Fla.· 1921-01-14 ·cited 32×
  The J. G. White Engineering Corporation appeals from interlocutory orders overruling its demurrer to an amended bill of complaint and extending a receivership to cover rental payments for an automobile held as collateral security. The court affirms both orders, holding that the b
• In re Tabibian
  289 F.2d 793· 2d Cir.· 1961-04-26 ·cited 30×
  The court held that the referee's findings, particularly regarding the bankrupt's lack of fraudulent intent in asset transfers and false oaths, were not clearly erroneous and should be upheld.
• United States v. Matthews
  244 F.2d 626· 9th Cir.· 1957-05-13 ·cited 30×
• Evors v. Bryan
  77 Fla. 399· Fla.· 1919-04-17 ·cited 30×
  In this chattel mortgage foreclosure case, the Florida Supreme Court affirmed the lower court's finding of principal and interest due but reversed the allowance of attorney's fees as excessive, reducing the fee from $50.00 to $20.00 on an ordinary foreclosure involving only $53.3
• The First Nat'l Bank of Panama City v. The First Nat'l Bank of Chipley
  90 Fla. 617· Fla.· 1925-11-23 ·cited 29×
  This case concerns the sufficiency of a chattel mortgage description to provide notice to a third party. The court held that a description is sufficient if it suggests inquiries that would lead to the identification of the property, even if not perfectly specific.
• Transp. Mfg. & Equip. Co. v. Fruehauf Trailer Co.
  295 F.2d 223· 8th Cir.· 1961-10-18 ·cited 28×
  The court held that the defendants waived their right to rescind the contract due to unreasonable delay in attempting rescission after discovering defects, and that certain expenses incurred by the plaintiff in repossessing and reselling the trailers were properly deductible to m
• Castner v. First Nat'l Bank OF Anchorage
  278 F.2d 376· 9th Cir.· 1960-03-24 ·cited 28×
  A second judge may overrule a prior judge's interlocutory order if cogent reasons or exceptional circumstances exist, and a shareholder can maintain an action on behalf of a corporation delinquent in taxes if the action alleges director mismanagement constituting a breach of trus
• Marion Mortg. Co. v. C. O. Teate and his wife
  98 Fla. 713· Fla.· 1929-10-18 ·cited 27×
  Marion Mortgage Company sought to foreclose a mortgage on real property in Sarasota, Florida that included furnishings and furniture. The trial court initially granted the foreclosure but modified the decree on rehearing to exclude furnishings and furniture from the foreclosure.
• D. K. Porter in Bankruptcy of Abe Greenband v. Woodey B. Searle and Edlean E. Searle
  228 F.2d 748· 10th Cir.· 1955-12-19 ·cited 26×
  The court held that the equitable lien acquired by the sellers was not a preferential transfer under the Bankruptcy Act, as amended.
• Interstate Sec. Co. v. United States
  151 F.2d 224· 10th Cir.· 1945-09-25 ·cited 26×
  The court held that a claimant seeking remission of forfeiture must inquire about the vehicle owner's record or reputation for liquor law violations, and failure to do so binds the claimant to what the inquiry would have revealed.
• Anderson Snow v. Nowlin
  125 Fla. 166· Fla.· 1936-08-06 ·cited 26×
  This case reviews interlocutory orders in a chattel mortgage foreclosure suit. The appellate court affirmed the lower court's decision regarding a clause in the mortgage that allowed the mortgagor to retain a percentage of the property's value after default and foreclosure, findi
• Long v. State
  44 Fla. 134· Fla.· 1902-01-01 ·cited 26×
  James Long was convicted of larceny of two cows belonging to William Lancaster. The Florida Supreme Court reversed the conviction, holding that the trial court committed reversible error by instructing the jury that Long could be guilty of larceny based on pointing out the cattle
• Am. Furniture Co., Inc. v. Int'l Accommodations Supply
  721 F.2d 478· 5th Cir.· 1981-03-11 ·cited 24×
  The court held that a prior state court judgment on the issue of lien ranking barred the federal court from reconsidering the same issue under the doctrine of res judicata.
• The First Nat'l Bank OF Clinton v. Vance Julian in Bankruptcy of Roby C. Woody
  383 F.2d 329· 8th Cir.· 1967-08-08 ·cited 24×
  The court held that the Referee's findings regarding the Bank's chattel mortgages, the Reserve Account setoff, and the surcharge for the GMAC-repossessed car were clearly erroneous and reversed the turnover order.
• United States v. Skolness
  279 F.2d 350· 8th Cir.· 1960-06-14 ·cited 24×
  The court held that the exclusion of Exhibit 15, an admission against interest by the defendant, was prejudicial error requiring a new trial.
• Troutman v. Couture
  98 Fla. 889· Fla.· 1929-11-13 ·cited 24×
  In this chattel mortgage foreclosure case involving an airplane, the Florida Supreme Court reversed and remanded a Circuit Court decree due to an inconsistency in the stated lien amount, while affirming the foreclosure itself.
• C. B. Rogers & Co. v. Munnerlyn
  36 Fla. 591· Fla.· 1895-06-01 ·cited 24×
  C. B. Rogers & Co. sought to enforce a mortgage on real property against creditors of the mortgagor, James K. Munnerlyn. The Florida Supreme Court held that a mortgage covering both merchandise and real estate is valid as to the real estate despite being void as to the goods when