Chattel Mortgage

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

• Eckman & Vetsburg v. Munnerlyn
  32 Fla. 367· Fla.· 1893-06-01 ·cited 14×
  Eckman & Yetsburg sued to attach property of J. K. Munnerlyn based on an affidavit stating they had reason to believe he would fraudulently dispose of his property before judgment. The trial court dissolved the attachment, but the Florida Supreme Court reversed, holding that Munn
• Clearwater Oaks Bank v. Plumtree
  477 So. 2d 1023· Fla. 2d DCA· 1985-08-09 ·cited 13×
  Clearwater Oaks Bank challenged a trial court's order granting a competing mortgagee (Plumtree) attorney's fees from an escrow account and a subsequent nunc pro tunc judgment creating a lien on that account. The court reversed the nunc pro tunc judgment as void due to untimely fi
• Bryan & Sons Corp. v. Sivert Klefstad
  237 So. 2d 236· Fla. 4th DCA· 1970-05-27 ·cited 13×
  Bryan and Sons Corp. appealed a bench trial judgment in a dispute with Klefstad over a land clearing contract for citrus grove preparation. The court reversed in part and remanded, finding the contractor substantially performed and was entitled to its contract price, while correc
• A. J. Armstrong Co., Inc. v. Romanach
  165 So. 2d 817· Fla. 3d DCA· 1964-06-09 ·cited 13×
  The court held that the Florida proceedings should be stayed pending the conclusion of a prior action in Texas involving the same subject matter.
• Fla. Dealers & Growers Bank & Amy E. Moon v. United States
  279 F.2d 673· 5th Cir.· 1960-06-10 ·cited 13×
  The court held that the remission statute allows consideration of claims for remission even if the interest was acquired after the illegal use, provided the claimant acted in good faith and without knowledge of the illegal activity. The case was improperly decided on summary judg
• Hattie M. Lockhart v. Friendly Fin. Co.
  110 So. 2d 478· Fla. 1st DCA· 1959-02-10 ·cited 13×
  A finance company's agent forcibly entered the plaintiff's home and seized a television receiver on which the company held an unrecorded lien, causing property damage. The trial court directed a verdict for the plaintiff on liability, but granted a new trial on the grounds that t
• Wm. W. Jackson v. H. W. Wade Mfg. Co., Inc.
  102 Fla. 970· Fla.· 1931-09-19 ·cited 13×
  The Florida Supreme Court reversed an order appointing a receiver over personal property claimed under a chattel mortgage/conditional sales contract. The court held that a vendor who retains title to property sold under a conditional sales contract cannot pursue both repossession
• ITT Indus. Credit Co. v. Regan
  487 So. 2d 1047· Fla.· 1986-04-24 ·cited 12×
  The Florida Supreme Court held that under the Uniform Commercial Code, a purchase money security interest that is not perfected within the statutory period is subordinate to an earlier perfected security interest in after-acquired property, without limitation to the debtor's equi
• M & M Leasing Corp. v. Seattle First Nat'l Bank
  563 F.2d 1377· 9th Cir.· 1977-11-04 ·cited 12×
  National banks may engage in long-term lease financing where they recover their investment through rental payments, but short-term lease financing, which requires banks to dispose of used chattels, is not part of the business of banking.
• Olympic Fin. Co. v. Thomas R. Thyret in Bankr. for Azure Hills Club, Inc.
  337 F.2d 62· 9th Cir.· 1964-10-06 ·cited 12×
  The court held that the escrow agreement constituted a novation, extinguishing prior obligations under lease and conditional sale agreements.
• F. P. Baugh, Inc. v. Little Lake Lumber Co.
  297 F.2d 692· 9th Cir.· 1961-10-18 ·cited 12×
  The court held that a federal tax lien notice using 'et al.' is insufficient to establish a valid lien against the interests of unnamed partners, even if the property is a partnership asset.
• Hoare v. United States
  294 F.2d 823· 9th Cir.· 1961-09-21 ·cited 12×
  A chattel mortgage securing performance of a lease, which secures rent arrearages existing at the time of a federal tax levy, is considered a valid mortgage under 26 U.S.C. § 6323(a), giving it priority over the tax lien to the extent of those arrearages.
• United States v. Halton Tractor Co., Inc.
  258 F.2d 612· 9th Cir.· 1958-07-23 ·cited 12×
  Payments made to the IRS to prevent seizure of property, even if not made under formal duress, are recoverable if not intended as a donation. A party can be subrogated to the rights of a prior lienholder when refinancing a debt under certain conditions.
• Oliver v. Mercaldi
  103 So. 2d 665· Fla. 2d DCA· 1958-06-11 ·cited 12×
  Oliver appealed from a decree granting her foreclosure on a chattel mortgage but denying reformation and equitable lien relief. The court held that Oliver, as a vendor of a lease, was entitled to an equitable vendor's lien for unpaid purchase money despite the lease not being exp
• United States v. R. D. Wilmans & Sons, Inc.
  251 F.2d 509· 8th Cir.· 1958-01-30 ·cited 12×
  The court held that the trial court's interpretation of the mortgage's coverage under Arkansas law was not demonstrably wrong, affirming the dismissal.
• Abel v. Brayton Flying Serv., Inc.
  248 F.2d 713· 5th Cir.· 1957-10-01 ·cited 12×
  The court held that the trial court did not err in its judgment, as the contract was not usurious and the individual Brayton was not an indispensable party. The appellee's cross-assignment of error was also dismissed.
• The Farm Bureau Co-Operative Mill & Supply, Inc. v. Blue Star Foods, Inc.
  238 F.2d 326· 8th Cir.· 1956-11-13 ·cited 12×
  The court held that the assignee of a chattel mortgage cannot sue for conversion of the property if the conversion occurred before the assignment, and that a mortgagee's consent to the sale of mortgaged property waives the lien. The court also held that the evidence supported fin
• In re Quaker City Unif. Co., Inc.
  238 F.2d 155· 3d Cir.· 1956-10-31 ·cited 12×
  The court held that Section 67(c) of the Bankruptcy Act implicitly postpones a chattel mortgage lien, which is inferior under state law to a landlord's lien, to a position behind the landlord's lien, even if the chattel mortgage is not expressly mentioned in Section 67(c).
• Sodi, Inc. v. Salitan
  68 So. 2d 882· Fla.· 1953-12-08 ·cited 12×
  A Florida corporation borrowed money on a chattel mortgage at an interest rate exceeding 10% per annum and sought to defend against foreclosure by pleading usury. The court held that the 1953 repeal of the statute prohibiting corporations from pleading usury restored that defense
• United States v. Foster
  123 F.2d 32· 9th Cir.· 1941-10-24 ·cited 12×
  The court affirmed the trial court's judgment, finding the record insufficient to overturn the findings of fact and that the appellant failed to present a proper record to support its claims.
• In re Rodriguez v. Murphy
  895 F.2d 725· 11th Cir.· 1990-03-01 ·cited 11×
  The court held that payments made by a debtor holding company for its subsidiary's loan, where the debtor received no direct or indirect economic benefit and the subsidiary's corporate veil was not pierced, did not constitute reasonably equivalent value and could be voided by the
• Allied van Lines, Inc. v. Small Bus. Admin.
  667 F.2d 751· 8th Cir.· 1982-01-11 ·cited 10×
  The court held that the trial court's findings of fact were not clearly erroneous, and Allied's failure to perfect its security interest meant SBA's interest took precedence.
• United States v. Friend's Stockyard, Inc.
  600 F.2d 9· 4th Cir.· 1979-06-06 ·cited 10×
  The court held that the state law, incorporated into federal law, governs the priority of federal liens and that the stockyards were liable for conversion under that law.
• Charles E. Siljeg in Bankr. for Henry House Packing Co., Inc. v. The Nat'l Bank OF Commerce OF Seattle
  509 F.2d 1009· 9th Cir.· 1975-01-13 ·cited 10×
  The court held that the effectiveness of a financing statement under the Uniform Commercial Code depends on whether it substantially complies with requirements and is not seriously misleading to creditors, rather than a strict determination of the "true name" of the debtor corpor
• Carolina Aircraft Corp. v. Commerce Tr. Co.
  289 So. 2d 37· Fla. 4th DCA· 1974-01-31 ·cited 10×
  A statutory mechanic's lien for repairs to an aircraft takes priority over a prior recorded chattel mortgage, even if the mortgage is recorded under federal law.
• In re Cantrill Constr. Co. v. Nolan Carter
  418 F.2d 705· 6th Cir.· 1969-11-24 ·cited 10×
  A renewal note does not extinguish the original debt unless a novation occurs, and a security agreement securing the original debt remains effective to secure the renewed obligation.
• White v. Cnty. Mortgagee Corp. & Pauline Muravchick
  211 So. 2d 254· Fla. 3d DCA· 1968-06-04 ·cited 10×
  This case involves a mortgage foreclosure suit where the defendant mortgagor sought releases of land under the mortgage agreement, but the trial court dismissed their counterclaim.
• Nat'l Acceptance Co. v. Zusmann
  379 F.2d 351· 5th Cir.· 1967-06-23 ·cited 10×
  The court held that the validity and construction of attorney's fees provisions in notes and security agreements are governed by state law, and federal courts cannot disregard state statutes in determining the amount of such fees.
• United States v. Clover Spinning Mills Co., Inc.
  373 F.2d 274· 4th Cir.· 1966-12-09 ·cited 10×
  The court held that state and local ad valorem taxes on personal property are superior to the Small Business Administration's security interest, as federal law waives SBA's priority in such cases. However, the state's claim for unpaid withholding taxes was subordinate to the SBA'
• Edward R. Kenneally in Bankr. of Gen. Magnetics, Inc. v. Standard Elecs. Corp. & First Nat'l Bank of Minneapolis
  364 F.2d 642· 8th Cir.· 1966-08-17 ·cited 10×
  The court held that chattel mortgage property descriptions were sufficient under Minnesota law, that attached property qualified as trade fixtures and remained personalty, and that a 'dragnet' clause secured future advances even without actual notice of a subsequent mortgage, pro
• Waechter v. Gen. Mills, Inc.
  181 So. 2d 204· Fla. 1st DCA· 1965-12-16 ·cited 10×
  Mrs. Waechter appeals a foreclosure judgment holding her liable for her deceased husband's debt secured by a chattel mortgage. The court reverses, finding that Florida's constitutional protection of married women's separate property bars judgment against the wife where the mortga
• Bertel G. Smith v. Sherman
  349 F.2d 547· 8th Cir.· 1965-08-13 ·cited 10×
  The court held that the judgment appealed from was not a final decision and therefore the appeals were premature and dismissed for lack of jurisdiction.
• Robert W. Matthews in Bankr. of Beard & Co., Inc. v. James Talcott, Inc.
  345 F.2d 374· 7th Cir.· 1965-04-30 ·cited 10×
  The court held that designations of lumber inventory made within four months prior to bankruptcy did not constitute voidable preferences because they related back to the date the factor's lien notice was filed, and that other challenged transactions were validly secured.
• United States v. Delbert L. Yazell
  334 F.2d 454· 5th Cir.· 1964-07-13 ·cited 10×
  The court held that Texas law regarding coverture, which protects married women from personal liability on contracts, applies to a contract with the Small Business Administration.
• William B. Teasdale in Bankr. of the Royal Laundries, Inc. v. Prosperity Co., Inc.
  290 F.2d 345· 8th Cir.· 1961-05-12 ·cited 10×
  The court held that the bankruptcy trustee failed to establish grounds for estoppel, and thus the seller was entitled to reclaim its equipment.
• Manda v. Sinclair
  278 F.2d 629· 5th Cir.· 1960-05-23 ·cited 10×
  The court held that the Bankrupt, not the Bank, was the sole appellant and, as an aggrieved party, could not appeal the chattel mortgage order. The court also held that the Bankrupt was entitled to an 8-acre homestead exemption, not limited by municipal incorporation, due to his
• Miller v. Irving Sulmeyer in Bankr. of the Est. of Delcon Corp.
  263 F.2d 513· 9th Cir.· 1959-01-16 ·cited 10×
  The trustee in bankruptcy can avoid a chattel mortgage as to all creditors when the mortgage is voidable by any creditor under state law due to delayed recording, even if the mortgage is partially valid under state law.
• Jefferson Standard Life Ins. Co. v. United States
  247 F.2d 777· 9th Cir.· 1957-08-21 ·cited 10×
  The court held that California law requires explicit legislative enactment for tax liens to take priority over pre-existing contract liens, and absent such enactment, priority is determined by the time of creation. The court also held that a secured creditor is entitled to post-b
• Producers Livestock Loan Co. v. Idaho Livestock Auction, Inc.
  230 F.2d 892· 9th Cir.· 1956-02-24 ·cited 10×
  The court held that the trial judge correctly admitted parol evidence to determine the parties' intent, as the written instrument was not intended to be the complete agreement.
• Ridgefield Invs., Inc. v. Holloway
  75 So. 2d 208· Fla.· 1954-10-22 ·cited 10×
  Ridgefield Investors appealed a foreclosure decree on a chattel mortgage covering air conditioning equipment. The Florida Supreme Court held that air conditioning condensers, motors, and compressors installed by a tenant constitute trade fixtures removable by the tenant and are t
• United States v. Johnson
  208 F.2d 729· 5th Cir.· 1953-12-29 ·cited 10×
  The court held that the trial court erred in finding the mortgage invalid for lack of consideration, as the witness testimony regarding simultaneous execution was unimpeached and the mortgage was valid as to the defendant.
• Rennicke v. United States
  207 F.2d 429· 8th Cir.· 1953-10-29 ·cited 10×
  The court held that the trial court's findings were not clearly erroneous and that the inspection certificate was admissible as evidence, supporting the judgment for the Government.
• The Mercantile Exch. Bank v. Taylor
  51 Fla. 473· Fla.· 1906-01-01 ·cited 10×
  The Florida Supreme Court upheld the validity of a mortgage executed by a married woman on her separate statutory property to secure a business debt. The court rejected arguments that the mortgage lacked good consideration or constituted fraud on creditors, holding that married w
• In re Ludlum Enters., Inc. v. Searles
  510 F.2d 996· 5th Cir.· 1975-04-07 ·cited 9×
  Florida Statutes § 726.09, concerning fraudulent loans, does not apply to bona fide leases of personal property and does not cut off the ownership interest of a lessor who fails to record the lease.
• Altec Lansing v. Friedman Sound, Inc.
  204 So. 2d 740· Fla. 3d DCA· 1967-12-05 ·cited 9×
  Altec Lansing appeals a trial court order dissolving a writ of execution and returning a third-party claimant's bond. The court holds that while a security agreement under the Uniform Commercial Code creates a prior lien on chattels, it does not exempt those chattels from forced
• Anderson Bros. Corp. v. O'Meara
  306 F.2d 672· 5th Cir.· 1962-08-14 ·cited 9×
  The court held that the buyer's unilateral mistake regarding the dredge's capabilities, without the seller's knowledge of that specific mistake and without the buyer exercising due diligence, does not warrant rescission or damages.
• A. & G. Aircraft Serv., Inc. v. Drake
  143 So. 2d 703· Fla. 2d DCA· 1962-08-08 ·cited 9×
  Summary judgment is improper in a chattel mortgage foreclosure when the defendant's answer raises a genuine issue of material fact regarding novation, even if the court might find the novation plea ultimately meritless. The trial court may not resolve factual controversies by sel
• E. C. Fitz & Co., Inc. v. Eldridge
  129 Fla. 647· Fla.· 1937-10-23 ·cited 9×
  This case concerns a dispute over a citrus crop, where a crop mortgage was executed after a real estate mortgage had gone into default and foreclosure proceedings had begun. The court held that the crop mortgage was ineffective against the prior real estate mortgage, especially s
• Tippins v. Belle Mead Dev. Corp.
  112 Fla. 372· Fla.· 1933-10-17 ·cited 9×
  A Florida Supreme Court decision clarifying the proper procedure when a defendant in an equity foreclosure action obtains a judgment lien in a separate law suit against the mortgagor. The court held that a defendant cannot collaterally attack a receiver's authority through an ind
• Aircraft Trading & Servs., Inc. v. Braniff, Inc.
  819 F.2d 1227· 2d Cir.· 1987-05-22 ·cited 8×
  A security interest in an aircraft engine, though unperfected at the time of intermediate sales, is not extinguished if the buyer is not in the ordinary course of business, and priority between competing perfected interests is determined by the first to file or perfect.