MALONE & HYDE, INC. v. MAXWELL


557 S.W.2d 908 (1977)

MALONE AND HYDE, INC., Appellant, v. Kenneth R. MAXWELL and Robert G. King, Appellees.

Court of Appeals of Kentucky.

November 11, 1977.


Attorney(s) appearing for the Case

William Miles Arvin, Nicholasville, for appellant.

John R. Adams, Hays & Moss, Lexington, for appellee, Kenneth R. Maxwell.

Thomas W. Miller, Miller, Griffin & Marks, Lexington, for appellee, Robert G. King.

Before WHITE, PARK and WINTERSHEIMER, JJ.


WHITE, Judge.

This appeal concerns the question of whether a security agreement incorporating a "future advances" clause also secures a separate open account between the parties for purposes of the KRS 355.6-103(3) security interest exemption from the Bulk Sales Act.

The facts are quite simple and largely uncontroverted. On September 26, 1973, Robert G. King signed a promissory note and accompanying security agreement which was subsequently assigned to appellant...

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