Uniform Commercial Code

807 Florida cases classified under this topic · sorted by citation count

• Motobecane Am., Ltd. v. Patrick Petroleum Co.
  791 F.2d 1248· 6th Cir.· 1986-05-30
  The court held that the defendants were not obligated to protect the plaintiff's security interest under theories of promissory estoppel or bailment, nor did the plaintiff have an "adverse claim" under the relevant statute.
• First City Nat'l Bank OF Midland v. Fed. Deposit Ins. CQRP. for the First Nat'l Bank of Midland
  782 F.2d 1344· 5th Cir.· 1986-02-20
  The court held that the FDIC, as receiver for First National, is liable for conversion of checks with unauthorized endorsements because the bank failed to prove it acted in accordance with reasonable commercial standards. However, Brown is responsible for losses occurring after h
• Coakley & Williams, Inc. v. Shatterproof Glass Corp.
  778 F.2d 196· 4th Cir.· 1985-12-02
  The court held that a contract for the installation of glass curtain walls was predominantly for services, thus the Uniform Commercial Code (U.C.C.) and its implied warranties did not apply to the general contractor's claims against the glass supplier.
• United States v. Conrad
  619 F. Supp. 1319· M.D. Fla.· 1985-10-11
  A bidder in a bulk sale at an auction conducted in bulk and then piecemeal is bound by their bid upon the fall of the auctioneer's hammer, even if the piecemeal sales have not yet concluded, provided the sum of the piecemeal bids does not exceed the bulk bid.
• Crawford v. Gold Kist, Inc.
  614 F. Supp. 682· M.D. Fla.· 1985-06-13
  The court held that the defendant did not breach implied warranties of fitness or merchantability, nor was there negligence or a breach of good faith, because the plaintiff farmer independently researched the seed, purchased it knowing its limitations, and the seed had the potent
• Prewitt v. Numismatic Funding Corp.
  745 F.2d 1175· 8th Cir.· 1984-10-05
  The court held that under a sale on approval, the risk of loss remains with the seller until acceptance, and the buyer's return of goods via mail within the agreed time constitutes seasonable notification.
• Clark Equip. Credit Corp. v. The Martin Lumber Co.
  731 F.2d 579· 8th Cir.· 1984-04-10
  The court held that a hearing is not required for summary judgment if not requested, and a party cannot raise new issues on appeal.
• United States v. Kellerman
  729 F.2d 281· 4th Cir.· 1984-02-17
  The court held that a check is not worthless to a bank merely because the bank is not a holder in due course or because the payor has insufficient funds, as the bank retains rights as a holder.
• Citibank, N.A. v. Tele/Resources, Inc.
  724 F.2d 266· 2d Cir.· 1983-12-06
  A party's rights under a contract with a no-oral-modification clause can be assigned or subordinated to a third party, and such assignments/subordinations are not necessarily invalid due to the clause, especially when waiver or estoppel applies.
• Troxler Elecs. Labs., Inc. v. Solitron Devices, Inc.
  722 F.2d 81· 4th Cir.· 1983-12-01
  The court held that lost profits are recoverable as consequential damages under North Carolina law if they were reasonably foreseeable at the time of contracting, not requiring explicit agreement to assume liability.
• Citicorp (USA), Inc. v. Davidson Lumber Co.
  718 F.2d 1030· 11th Cir.· 1983-11-03
  A certificate of deposit (CD) does not constitute cash proceeds under Fla.Stat.Ann. Sec. 679.306(1), and therefore a security interest in a CD is not automatically perfected without possession.
• Lawrence Sys., Inc. v. Adell
  719 F.2d 184· 6th Cir.· 1983-10-13
  The court held that Lawrence Systems, Inc. could not be held liable for fraud or breach of fiduciary duty because its contractual obligations did not include assuring that inventory was paid for in cash, and any knowledge of credit transactions by its employee predated her employ
• Roslyn Zerlin v. Lansburgh
  438 So. 2d 79· Fla. 3d DCA· 1983-09-06
  In this malpractice action arising from the sale of a hotel lease, the court reversed an order dropping two partners (Zerlin and Cohen) as plaintiffs despite their later default on an operating agreement. The court held that their default on the operating agreement was unrelated
• Gates Rubber Co. v. Irathane Sys., Inc.
  710 F.2d 501· 8th Cir.· 1983-06-30
  The court held that claims for damage to property other than the subject of the contract are not barred by the economic loss doctrine under the Uniform Commercial Code.
• United States v. Chapman
  690 F.2d 150· 8th Cir.· 1982-10-14
  The court held that the Uniform Commercial Code is irrelevant to the crime of embezzlement and that the defendant had sufficient control over the funds to be guilty.
• Clark v. The Rent-It Corp.
  685 F.2d 245· 8th Cir.· 1982-08-13
  The court held that the district court erred in dismissing the plaintiff's lawsuit under the Truth in Lending Act (TILA) solely on the pleadings, without allowing for the presentation of evidence.
• Olayinka and Amelia Onadeko v. Rainier Credit Co.
  678 F.2d 113· 9th Cir.· 1982-05-27
  The court held that Rainier Credit Company's disclosure language regarding its security interest complied with Regulation Z and the Truth in Lending Act.
• United States v. Cahall Bros.
  674 F.2d 578· 6th Cir.· 1982-04-06
  The court held that the case must be remanded to determine when the FHA gave value for its security interest and to reassess the reasonableness of repossession expenses due to insufficient factual basis.
• Hall Truck Sales, Inc. v. Wilder Mobile Homes, Inc.
  402 So. 2d 1299· Fla. 2d DCA· 1981-08-14
  A buyer's failure to discover a defect that an examination ought to have revealed negates the implied warranty of merchantability, even if the defect is latent.
• Corsa Boats, Inc. v. SUN Bank OF Miami
  405 So. 2d 1340· Fla. 3d DCA· 1981-05-12
  The court held that a possessory lien, even if unrecorded, is superior to a perfected security interest under section 679.310, Florida Statutes (1977).
• Noonan Constr. Co., Inc. v. Warren Bros. Co.
  632 F.2d 1189· 5th Cir.· 1980-12-15
  The court held that the trial court did not err in directing a verdict for the defendant on the negligence claim, nor in its jury instructions or evidentiary rulings concerning the breach of contract claim, as the contract's exculpatory clause and Mississippi's force majeure stat
• Adam Metal Supply, Inc. v. Electrodex, Inc.
  386 So. 2d 1316· Fla. 2d DCA· 1980-09-03
  A Florida appellate court reversed a judgment denying recovery in a goods sale dispute involving defective aluminum sheeting. The court applied Uniform Commercial Code provisions to determine that while the buyer properly rejected nonconforming goods, its damages were limited to
• Swiss Credit Bank v. Balink
  614 F.2d 1269· 10th Cir.· 1980-02-13
  A payor bank that mistakenly pays a check over a stop payment order can be subrogated to the drawer's rights against the payee to prevent unjust enrichment, even if the drawer subsequently settles with the payee.
• Citizens & S. Factors, Inc. v. The Small Bus. Admin.
  593 F.2d 709· 5th Cir.· 1979-04-23
  The court certified questions of Alabama law regarding priority of security interests in returned goods under the Uniform Commercial Code.
• Robstone Co. v. S. Crane Rentals, Inc.
  366 So. 2d 1274· Fla. 4th DCA· 1979-02-07
  Robstone Company appeals a summary judgment entered against its counterclaim for negligence arising from a crane collapse. The Fourth District Court of Appeal reversed, holding that exculpatory clauses in a commercial equipment lease cannot shield a lessor from liability for its
• PAN Am. Bank OF Miami v. Goldszmidt
  364 So. 2d 505· Fla. 3d DCA· 1978-11-07
  The court held that endorsements on checks made payable to a named entity with additional descriptive words are valid and effective under Fla. Stat. § 673.117, and a bank is not liable for paying such checks when properly endorsed.
• First Nat'l Bank & Tr. v. First Nat'l Bank OF Greybull
  582 F.2d 524· 10th Cir.· 1978-07-10
  A creditor's improperly filed financing statement is not effective against a senior creditor who later properly files, even if the senior creditor gains knowledge of the junior creditor's improper filing.
• Fla. Power & Light Co. v. Westinghouse Elec. Corp.
  579 F.2d 856· 4th Cir.· 1978-06-30
  The Uniform Commercial Code applies to a contract formed after its effective date, even if an option to enter that contract was granted before the effective date. However, the U.C.C. does not apply to contracts entered into before its effective date, even if events or breaches oc
• State v. Davis
  358 So. 2d 887· Fla. 2d DCA· 1978-05-17
  The appellate court reviewed a trial court's dismissal of a charge for uttering a forged bill, specifically concerning the alteration of a two-dollar bill to appear as a twenty-dollar bill.
• Trader v. Beene
  46 Fla. Supp. 133· Broward Cty. Ct.· 1977-06-14
  The court held that the defendant Beene's unauthorized sale of the plaintiff's horse constituted conversion, and therefore, the buyers in the ordinary course of business did not acquire valid title.
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. United States
  552 F.2d 302· 9th Cir.· 1977-04-18
  The bank is not liable for losses incurred from fraudulently issued drafts bearing forged endorsements of fictitious payees, as this falls under the imposter rule.
• Hampton v. State
  45 Fla. Supp. 135· Fla. Cir. Ct.· 1977-01-17
  The court affirmed a conviction under Section 818.01, Florida Statutes, finding that the statute prohibiting the disposal of personal property subject to a lien without the lienor's consent was not repealed by the later enactment of Section 679.311, Florida Statutes (UCC).
• Farmers & Merchs. Bank of Stuttgart v. Harris
  559 F.2d 466· 8th Cir.· 1976-09-13
  A co-maker of a promissory note remains liable even if the note's terms are altered without their consent, provided the other party had no notice of dissolution and the co-maker had authority to bind the partnership.
• Slaughter v. Jefferson Fed. Sav. & Loan Ass'n
  538 F.2d 397· D.C. Cir.· 1976-04-28
  The court held that the lending institutions met their burden of proving they were holders in due course, as the evidence did not demonstrate they had reason to know of the fraud at the time they took the notes.
• Pinkowitz v. Norman-David, Ltd.
  44 Fla. Supp. 1· Dade Cty. Cir. Ct.· 1976-02-20
  A handwritten notation on the reverse of a check, absent clear language stating it is subject to another agreement, does not render the unconditional promise on the face of the check conditional and non-negotiable.
• W.S. Badcock Corp. v. Roberts
  42 Fla. Supp. 72· St. Lucie Cty. Cir. Ct.· 1975-03-11
  W.S. Badcock Corporation appealed a county court replevin judgment that granted recovery of its goods but required Badcock to pay storage charges imposed by Law's Moving and Storage. The circuit court reversed, holding that Badcock's perfected purchase money security interest in
• Black v. Hart
  301 So. 2d 787· Fla. 3d DCA· 1974-09-17
  The Florida District Court of Appeal reversed a judgment for the defendant, holding that a statute protecting banks from liability for paying checks after a customer's death did not alter a separate statute requiring individuals who intermeddle with a decedent's property to accou
• Yarbrough v. Rogers
  300 So. 2d 286· Fla. 4th DCA· 1974-09-13
  The Yarbroughs appealed a trial court judgment voiding their purchase of a beauty salon business under Florida's Bulk Sales Law. The Fourth District Court of Appeal reversed, holding that beauty salons are generally service businesses exempt from the Bulk Sales Law, but remanding
• Weidinger Chevrolet, Inc. v. Universal C.I.T. Credit Corp.
  501 F.2d 459· 8th Cir.· 1974-07-31
  A security interest in inventory is not waived by a clause authorizing commercially reasonable disposition, and a consignment of goods to a dealer who sells goods of that kind is a 'sale or return' subject to the dealer's creditors' claims.
• The Duke, Inc. v. Fla. Farm Bureau Ins. Cos.
  41 Fla. Supp. 97· Palm Beach Cty. Ct.· 1974-07-22
  A draft containing conditional language "upon acceptance will pay" is not a negotiable instrument under the Uniform Commercial Code, and therefore a third-party holder cannot qualify as a holder in due course.
• Barrett M. Rothenberg v. Mellow Music, Inc.
  291 So. 2d 234· Fla. 3d DCA· 1974-03-19
  The Florida District Court of Appeal reversed a summary judgment, holding that there was a genuine issue of material fact regarding whether a promissory note was payable only from a specific fund (cigarette commissions). The court found ambiguity in the note's wording, requiring
• Davis v. J. R. Furlong, Inc.
  40 Fla. Supp. 90· Indian River Cty. Cir. Ct.· 1973-12-04
  Davis purchased a used 1968 Pontiac from J. R. Furlong, Inc., and sued for damages related to the trade-in allowance and vehicle condition. The trial court ruled in Davis's favor and cancelled the promissory note. The appellate court reversed, finding that the dealer's written di
• Credit Alliance Corp. v. Mills Bros. Constr., Inc.
  284 So. 2d 446· Fla. 1st DCA· 1973-10-23
  The court held that the jury verdict was supported by sufficient evidence and the trial court's jury charges were legally sufficient.
• Holzman v. L. H. J. Enters., Inc.
  476 F.2d 949· 9th Cir.· 1973-04-05
  A nonpossessory security interest in after-acquired inventory of a retail merchant qualifies as a purchase money security interest under California law, provided it secures the price of the original inventory or replacements purchased with resale proceeds.
• Imperial Towers Condo., Inc. v. Brown
  38 Fla. Supp. 123· Broward Cty. Cir. Ct.· 1973-04-04
  Imperial Towers Condominium association and unit owners brought suit against developers and former board directors for construction defects, breach of fiduciary duty, breach of contract, misrepresentation, and violations of Florida securities law in a condominium development. The
• In re Iredale's Ltd. v. Vrooman-Appellee
  476 F.2d 938· 9th Cir.· 1973-03-15
  A dragnet clause in a security agreement is enforceable to cover future indebtedness, including an equipment lease, absent evidence of contrary intent or statutory conflict.
• The Columbian Peanut Co. v. Frosteg
  472 F.2d 476· 5th Cir.· 1973-01-26
  The court held that banks are liable for paying checks with forged endorsements, even without a traditional depositor relationship, and that Columbian's payment to growers and reacquisition of checks did not preclude its claims.
• Anderson v. Watling Ladder Co., Inc.
  472 F.2d 576· 6th Cir.· 1973-01-25
  The court held that Tennessee law requires privity of contract for warranty actions, and a recent legislative change abolishing this requirement is substantive and not retroactive.
• Brickman-Joy Corp. & Conn. Galvanizing Corp. v. Nat'l Annealing BOX Co.
  459 F.2d 133· 2d Cir.· 1972-04-03
  A manufacturer is liable under an implied warranty of merchantability for a product's failure, even if used for a specific purpose, unless the failure resulted from the buyer's misuse.
• Chrysler Creidt Corp. v. Cividanes
  37 Fla. Supp. 94· Dade Cty. Small Cl. Ct.· 1972-03-17
  Chrysler Credit Corporation sued to recover a deficiency after repossessing and selling a vehicle owned by Cividanes. The small claims court found that Chrysler complied with the Uniform Commercial Code's requirement of commercial reasonableness in the repossession and sale proce