(DOWNLOAD) "Francis M. Whitworth Et Al. v. Herman W." by Supreme Court Of Idaho * eBook PDF Kindle ePub Free
eBook details
- Title: Francis M. Whitworth Et Al. v. Herman W.
- Author : Supreme Court Of Idaho
- Release Date : January 28, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
This appeal involves two conflicting claims to the proceeds from the sale of a bankrupts cattle. The district court held that the plaintiffs, who had sold cattle to the bankrupt and had filed a financing statement perfecting their security interest in the cattle sold and all cattle thereafter acquired as replacement for the cattle sold, had superior rights in the proceeds of the sale than did the defendants, who had placed 55 cows in the bankrupts possession pursuant to an agreement which they had characterized as a "lease", but for which they had not filed a financing statement covering the cattle. We affirm the trial courts ruling that the plaintiffs rights in the proceeds are superior to those of the defendants, but remand the case to the district court to conduct further proceedings to determine the extent of the plaintiffs rights in the proceeds and to dispose of the proceeds in excess of the plaintiffs claim to the bankruptcy court or the trustee in bankruptcy.