Uniform Commercial Code

807 Florida cases classified under this topic, plus 268 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Arcoren v. Wenton Peters and John Schooler
  829 F.2d 671· 8th Cir.· 1987-09-25 ·cited 20×
  The court held that government officials acting under a security agreement are not exempt from constitutional due process requirements, and the law clearly established a right to notice and hearing before seizure of property.
• Edward Leasing Corp. v. Uhlig & Assocs., Inc.
  785 F.2d 877· 11th Cir.· 1986-03-04 ·cited 20×
  The court affirmed the district court's judgment, finding no abuse of discretion in discovery rulings and no clear error in factual findings, including the allocation of 40% comparative negligence to the plaintiff.
• Amoco Prod. Co. v. W. Slope GAS Co.
  754 F.2d 303· 10th Cir.· 1985-02-05 ·cited 20×
  The court held that the district court did not err in considering extrinsic evidence to determine the parties' intent regarding the gas contract's price escalation clause, and that the evidence supported the finding that the parties intended to tie the price to interstate gas cei
• Hahn v. Atl. Richfield Co.
  625 F.2d 1095· 3d Cir.· 1980-07-03 ·cited 20×·via Uniform Commercial Code Article 2
  The court held that the evidence was legally insufficient to prove a sale of the hoist from the manufacturer to the buyer, a necessary predicate for a breach of warranty claim under the UCC. The court also predicted that Pennsylvania law would apply the two-year personal injury s
• In re Murdock Mach. & Eng'g Co. OF Utah v. Kesler
  620 F.2d 767· 10th Cir.· 1980-05-01 ·cited 20×
  A seller's right to stop delivery of goods in transit due to buyer insolvency is not defeated by a third-party good faith purchaser, even if the government claims title via a contract, because federal law incorporates state commercial codes in such instances.
• Perini Corp. & Brown Bros. v. The First Nat'l Bank OF Habersham Cnty.
  553 F.2d 398· 5th Cir.· 1977-06-02 ·cited 20×
  The court held that the loss from forged checks with defective indorsements must be viewed as a forged check loss, not a forged indorsement loss, and affirmed the lower court's action.
• United States Fid. & Guar. Co. v. N. Am. Steel Corp.
  335 So. 2d 18· Fla. 2d DCA· 1976-07-07 ·cited 20×
  United States Fidelity and Guaranty Company (USF&G), as surety on a performance bond, appealed a judgment requiring it to pay NASCO for fabricated steel piping. The court reversed, holding that a buyer's failure to reject goods within 30 days does not preclude it from claiming br
• Turner v. Impala Motors
  503 F.2d 607· 6th Cir.· 1974-09-20 ·cited 20×·via Uniform Commercial Code § 9-503
  Peaceful repossession under Tennessee Code Ann. § 47-9-503 is not action under color of state law for purposes of 42 U.S.C. § 1983 or state action under the Fourteenth Amendment.
• Council Bros., Inc. v. RAY Burner Co.
  473 F.2d 400· 5th Cir.· 1973-02-05 ·cited 20×·via Uniform Commercial Code Article 2
  The court held that while a warranty's exclusion of consequential damages is valid, a buyer may still recover incidental damages under the Uniform Commercial Code, even if not explicitly listed in the warranty.
• Brunswick Corp. v. J & P, Inc.
  424 F.2d 100· 10th Cir.· 1970-03-20 ·cited 20×
  The court held that the doctrine of conversion, custodia legis does not apply to a conditional vendor who sells replevined goods before judgment, especially under the Uniform Commercial Code.
• Banco Espanol de Credito v. State St. Bank & Tr. Co.
  385 F.2d 230· 1st Cir.· 1967-11-07 ·cited 20×
  The court held that the inspection certificate substantially conformed to the letter of credit requirements, and the bank was not justified in refusing to honor the drafts.
• Corrigan v. Bank OF Am., N.A.
  189 So. 3d 187· Fla. 2d DCA· 2016-02-05 ·cited 19×
  A foreclosing plaintiff must prove it possessed the original note with a valid endorsement at the time the original complaint was filed, not at the time of trial or when an amended complaint is filed. A substituted plaintiff acquires only the standing of the original plaintiff, a
• Dunn v. Stack
  418 So. 2d 345· Fla. 1st DCA· 1982-08-05 ·cited 19×
  In this quiet title action involving competing mineral leases in Florida's Panhandle, the court reversed a summary judgment for the appellees, finding material factual disputes about whether the appellants were bona fide purchasers for value without notice of a prior probate leas
• Med. Arts Pharmacy OF Stamford, Inc. v. Blue Cross & Blue Shield OF Conn., Inc.
  675 F.2d 502· 2d Cir.· 1982-04-01 ·cited 19×
  The court held that Blue Cross's pharmacy agreements, which set maximum reimbursement rates, are not per se illegal under Section 1 of the Sherman Act and affirmed summary judgment for Blue Cross because the plaintiff failed to allege or prove an anticompetitive effect under the
• Kenney v. HSBC Bank USA
  175 So. 3d 377· Fla. 4th DCA· 2015-09-24 ·cited 18×
  A plaintiff in a foreclosure action must prove it had standing at the time the complaint was filed, and a backdated assignment executed after the complaint was filed, without further supporting evidence, is insufficient to establish standing.
• S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp.
  56 So. 3d 56· Fla. 2d DCA· 2011-02-23 ·cited 18×·via Uniform Commercial Code Article 9
  The Florida District Court of Appeal reversed a summary judgment for a deficiency judgment, holding that the creditor failed to prove the commercial reasonableness of the sale of repossessed equipment. The court found that the creditor did not provide sufficient evidence of the s
• Mayor's Jewelers, Inc. v. State of Cal. Pub. Emps'. Ret. Sys.
  685 So. 2d 904· Fla. 4th DCA· 1996-12-11 ·cited 18×
  The court reversed a decision regarding a landlord's potential entitlement to a mandatory injunction for specific performance of a continuous operations clause, and addressed the landlord's right to liquidated damages in lieu of percentage rent.
• Adams v. Grey
  937 F.2d 845· 3d Cir.· 1991-06-27 ·cited 18×
  Investors cannot raise fraud in the inducement as a defense to enforcement of unconditional promissory notes by the RTC when the RTC acquired the notes from a failed bank, due to the D'Oench, Duhme doctrine and 12 U.S.C. § 1823(e).
• Frank and Arlene Wilson v. Commonwealth Mortg. Corp.
  895 F.2d 123· 3d Cir.· 1990-02-09 ·cited 18×
  The court held that 11 U.S.C. § 1322(b)(2) does not preclude modification of the unsecured portion of an undersecured claim, and that the anti-modification provision does not apply if the creditor's claim is secured by personal property in addition to the debtor's principal resid
• Zayre Corp. v. S.M. & R. Co., Inc.
  882 F.2d 1145· 7th Cir.· 1989-08-09 ·cited 18×·via Uniform Commercial Code Article 2
  The court affirmed the grant of summary judgment, holding that SM & R waived its evidentiary objections by failing to raise them in the district court and that the Sherman letters did not satisfy the Statute of Frauds for a contract for the sale of goods.
• Eakin v. Cont'l Ill. Nat'l Bank & Tr. Co. of Chicago
  875 F.2d 114· 7th Cir.· 1989-05-11 ·cited 18×·via Uniform Commercial Code (Ucc) Article 5
  The court held that the liquidator's signature as "Allied Fidelity Insurance Company By: Harry E. Eakin, Indiana Insurance Commissioner, as Liquidator" was legally sufficient and that the judgment awarding $805,000 was proper.
• Schneberger v. Wheeler
  859 F.2d 1477· 11th Cir.· 1988-11-10 ·cited 18×
  The court held that appellants failed to present sufficient evidence to raise a genuine issue of material fact regarding U.S. Trust's liability under securities laws or commercial paper claims, and that U.S. Trust was a holder in due course.
• Weir v. Fed. Ins. Co.
  811 F.2d 1387· 10th Cir.· 1987-02-19 ·cited 18×
  The court held that the district court erred by failing to instruct the jury on the defense of product misuse and by improperly instructing the jury on the elements of an implied warranty of fitness for a particular purpose, requiring reversal and remand for a new trial.
• Cates v. Morgan Portable Bldg. Corp.
  780 F.2d 683· 7th Cir.· 1985-12-23 ·cited 18×
  The court held that a seller's repeated promises to repair defective goods can suspend the buyer's duty to mitigate damages, and a subsequent breach of such a promise creates new liability. The court also affirmed the trial court's discretion to set aside a stipulation and found
• Rogers v. Allis-Chalmers Credit Corp.
  679 F.2d 138· 8th Cir.· 1982-06-01 ·cited 18×·via Uniform Commercial Code Article 9
  The court affirmed the judgment, holding that sufficient evidence existed to support the jury's finding of wrongful repossession based on waiver or breach of the peace, and that lost profits were proven with reasonable certainty.
• U. S. Indus., Inc. v. Gregg
  540 F.2d 142· 3d Cir.· 1976-07-19 ·cited 18×
  The court held that Delaware's sequestration statute, which asserts jurisdiction based solely on the statutory situs of corporate stock, does not comport with the constitutional requirement of minimum contacts for personal jurisdiction.
• Culbertson v. Leland
  528 F.2d 426· 9th Cir.· 1975-10-03 ·cited 18×
  The seizure of a tenant's property by an innkeeper under state innkeeper's lien statutes, without a security interest in the property, constitutes state action.
• Casper v. Neubert
  489 F.2d 543· 10th Cir.· 1973-12-19 ·cited 18×
  The court held that an oil and gas leasehold interest can be subject to a statutory vendor's lien under Oklahoma law, and that a claim for constructive trust on lease income is not barred by failure to present it to the estate.
• Wilson v. First Nat'l Bank OF Miami Springs
  254 So. 2d 362· Fla. 3d DCA· 1971-11-16 ·cited 18×
  Used car dealers who received insufficient-funds checks from an auto auction company sued the bank that held the auction's account, seeking class action relief for conversion. The court affirmed the dismissal of the class action but reversed the summary judgment, allowing the dea
• In re Yale Express Sys., Inc. v. Yale Express Sys.
  370 F.2d 433· 2d Cir.· 1966-12-16 ·cited 18×
  The court held that the district court had the power to stay enforcement of a lien even if the lienor retained title to the property, departing from prior precedent.
• Skeels v. Universal C. I. T. Credit Corp.
  335 F.2d 846· 3d Cir.· 1964-08-10 ·cited 18×
  A secured creditor's assurances of further financing, followed by seizure of collateral without notice, can constitute a willful tort, but punitive damages are not warranted if the seizing agents were unaware of the assurances.
• First City Bank, N.A. v. AIR Capitol Aircraft Sales, Inc.
  820 F.2d 1127· 10th Cir.· 1987-06-19 ·cited 17×
  The court held that the district court properly denied the motion to dismiss for lack of personal jurisdiction, did not abuse its discretion in denying leave to amend the answer, and correctly refused to instruct the jury on impairment of collateral.
• Giles v. SUN Bank, N.A.
  450 So. 2d 258· Fla. 5th DCA· 1984-04-19 ·cited 17×
  An informal employment agreement constitutes a valid equitable assignment of contract rights where the parties plainly intended assignment and the assignee assumed performance obligations, even without special words of art. Such assignment has priority over subsequent garnishment
• Nanakuli Paving & Rock Co. v. Shell OIL Co., Inc.
  664 F.2d 772· 9th Cir.· 1981-12-21 ·cited 17×
• Ralph's Distrib. Co. v. AMF, Inc.
  667 F.2d 670· 8th Cir.· 1981-12-17 ·cited 17×
  The court held that evidence of course of performance and usage of trade was admissible to explain the franchise agreements' territorial designations and could create a genuine issue of material fact regarding an implied exclusivity term, precluding summary judgment.
• Smith v. Fiat-Roosevelt Motors, Inc.
  556 F.2d 728· 5th Cir.· 1977-07-27 ·cited 17×
  A distributor-vendor of automobiles impliedly warrants their 'crashworthiness' under Florida law, and a plaintiff's inability to apportion damages between initial impact and defect does not bar recovery for indivisible injuries.
• Blackhawk Heating & Plumbing Co. Inc. v. Geeslin
  530 F.2d 154· 7th Cir.· 1976-02-06 ·cited 17×·via Uniform Commercial Code Article 9
  The federal court lacked jurisdiction to order the turnover of assets because a state court had already acquired prior in rem jurisdiction over the property through liquidation proceedings.
• Barfield v. United States Rubber Co.
  234 So. 2d 374· Fla. 2d DCA· 1970-04-01 ·cited 17×
  The Florida appellate court certified to it by trial court answered a certified question regarding whether implied warranty actions by consumers against manufacturers are governed by a three-year or four-year statute of limitations. The court held that such actions fall under the
• Caulkins Indiantown Citrus Co. v. Nevins Fruit Co., Inc.
  831 So. 2d 727· Fla. 4th DCA· 2002-11-13 ·cited 16×
  Citrus growers sued Caulkins Indiantown Citrus Company for breach of standard form fruit participation contracts, alleging Caulkins underpaid them by incorrectly calculating pool returns after a 1988 change in ownership. The Fourth District Court of Appeal affirmed the jury verdi
• Cont'l Bank, N.A. v. Robinson O. Everett
  964 F.2d 701· 7th Cir.· 1992-05-21 ·cited 16×
  The court held that the guarantors are liable for penalty interest and attorney fees, as their defenses are barred by the contract and Illinois law, and appellate jurisdiction is proper despite unresolved fee amounts.
• Eric C. Rajala in Bankr. for Gen. Poly Corp. v. Allied Corp.
  919 F.2d 610· 10th Cir.· 1990-11-02 ·cited 16×
  The court held that the evidence was insufficient to establish a fiduciary relationship between the parties because there was no conscious assumption of fiduciary duties by the defendant.
• FOY v. First Nat'l Bank OF Elkhart
  868 F.2d 251· 7th Cir.· 1989-02-08 ·cited 16×·via Uniform Commercial Code Article 9
  A buyer in the ordinary course of business takes free of a perfected security interest, even if the buyer's dealings with the seller deviate from common trade practices, as long as the buyer acts in good faith and without knowledge of the violation.
• In re Daniels-Head & Assocs. dba Head Ins. v. William M. Mercer, Inc.
  819 F.2d 914· 9th Cir.· 1987-06-15 ·cited 16×·via Uniform Commercial Code Article 9
  The court held that the district court properly applied the standard of review and affirmed the bankruptcy court's findings that the appellees were not unjustly enriched by receiving insurance records and did not intentionally interfere with the appellant's contractual relationsh
• Morgan Guar. Tr. Co. OF NEW York v. Am. Sav. & Loan Ass'n
  804 F.2d 1487· 9th Cir.· 1986-11-26 ·cited 16×
  The dissenting judge argues that the Uniform Commercial Code's final payment rule and related provisions mandate finality, precluding equitable recovery for a bank that misses clearing house deadlines.
• Wainwright Bank & Tr. Co. v. Railroadmens Fed. Sav. & Loan Ass'n OF Indianapolis
  806 F.2d 146· 7th Cir.· 1986-11-25 ·cited 16×
  The court held that the SBA's rejection of a private offer and its conduct of a public sale were commercially reasonable, thus affirming the grant of summary judgment.
• Mullan v. Quickie Aircraft Corp.
  797 F.2d 845· 10th Cir.· 1986-07-21 ·cited 16×
  The court held that the district court did not err in denying a directed verdict on the breach of warranty claim and in allowing expert testimony based on factual portions of NTSB reports. However, the court reversed the striking of the disclaimer provision as unconscionable, fin
• Taylor Rental Corp. v. J.I. Case Co.
  749 F.2d 1526· 11th Cir.· 1985-01-10 ·cited 16×
  The court held that an award of damages for conversion does not constitute an impermissible double recovery when a secured party pursues cumulative remedies, and that trade-in value can support a damages award in a conversion action if the defendant fails to present contrary evid
• First Ala. Bank OF Montgomery, N.A. v. Parsons Steel, Inc.
  747 F.2d 1367· 11th Cir.· 1984-12-04 ·cited 16×
  The dissenting judge would reverse the district court's judgment, arguing that federalism principles require according full faith and credit to state court judgments, even if the federal court disagrees with them.
• Corbin v. Coleco Indus., Inc.
  748 F.2d 411· 7th Cir.· 1984-11-14 ·cited 16×
  The court held that Indiana law requires privity for breach of implied warranty claims under the UCC, and that a plaintiff's knowledge of a danger does not automatically preclude a finding that a warning was required or that its absence was a proximate cause of injury. The court
• In re Gary Aircraft Corp. v. Gen. Dynamics Corp.
  681 F.2d 365· 5th Cir.· 1982-07-28 ·cited 16×
  The Federal Aviation Act establishes a national recording system but does not preempt state law regarding the priority of security interests in aircraft. A buyer in the ordinary course of business under state law takes free of a perfected security interest, and this protection ex