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CITIZENS VALLEY BANK v. PACIFIC MATERIALS CO.

503 P.2d 491 (1972)

CITIZENS VALLEY BANK, Appellant, v. PACIFIC MATERIALS CO., et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided November 24, 1972.

Attorney(s) appearing for the Case

James H. Jordan, Albany, argued the cause for appellant. With him on the brief were Weatherford, Thompson, Horton & Jordan, P.C., Albany.

Jack Joyce, Corvallis, argued the cause for respondents. With him on the brief were Joyce, Todorovich & Knight, Corvallis.

DENECKE, Justice.

The controversy is a bank with a perfected security interest in a negotiable instrument versus an alleged holder in due course of the instrument.

The plaintiff bank financed D & P Construction Co. which assigned the bank its accounts receivable as security. The bank perfected its security interest in the accounts and their proceeds. After the bank's perfection of its security interest, D & P approached Rogers, who owed an account...

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