NATIONAL BANK & T. CO. OF SO. BEND v. MOODY FORD

No. 1070A170.

273 N.E.2d 757 (1971)

THE NATIONAL BANK AND TRUST COMPANY OF SOUTH BEND, Appellant, v. MOODY FORD, Inc., et al., Appellees.

Appellate Court of Indiana, Division No. 2.

October 12, 1971.


Attorney(s) appearing for the Case

Joseph D. Anderson, Richard J. McDonald, Patrick, Anderson, McDonald & Perry, South Bend, for appellant.

Isadore D. Rosenfeld, South Bend, for appellee-Patrick Brennan.

Richard D. Bonewitz, South Bend, for appellees-Lawrence D. Moody and Christine H. Moody.

Patrick Brennan, pro se and for Moody Ford, Inc.


HOFFMAN, Chief Justice.

The primary issue presented by this appeal is whether the interest of Brennan, as a stockholder, director and officer of a car dealership, who had personally advanced money for three new automobiles took priority over a secured creditor who had properly filed financing statements which included after-acquired property.

The essential facts in the record before us necessary to resolve this issue are as follows:

On January 24,...

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