POTEAU STATE BANK v. DENWALT

No. 50421.

597 P.2d 756 (1979)

POTEAU STATE BANK, a corporation, Appellee, v. Nena Haskins DENWALT et al., Appellants.

Supreme Court of Oklahoma.

As Corrected July 9, 1979.


Attorney(s) appearing for the Case

Douglas W. Sanders, Sullivan & Sanders, Ted A. Knight, Poteau, for appellee.

Eagleton, Nicholson & Pate, Oklahoma City, for appellant.

George H. McBee, Hamilton & McBee, Poteau, for First National Bank of Fort Smith, Arkansas.

Lunn & Mayes, Muskogee, amicus curiae.


OPALA, Justice:

The dispositive issue here is whether a prior secured party's act, as a corporate officer of the debtor, in executing, by bill of sale, a transfer of the collateral to a third party, with a covenant that it is free of all encumbrances, did impliedly operate as her individual authorization for the sale thereof. If so, then the security interest she had in that collateral as an individual did not survive the...

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