NAT'L. BANK & TRUST v. MOODY FORD, INC.

No. 1070A170.

149 Ind. App. 479 (1971)

273 N.E.2d 757

NATIONAL BANK AND TRUST CO. OF SOUTH BEND v. MOODY FORD, INC. ET AL.

Court of Appeals of Indiana.

Rehearing denied November 15, 1971.


Attorney(s) appearing for the Case

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

Isadore D. Rosenfeld, of South Bend, for appellee Brennen, Richard D. Bonewitz, of South Bend, for appellees Moody, Patrick Brennan, pro se, for appellee, Moody Ford, Inc.


HOFFMAN, C.J.

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, 1969, The...

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