CHEMICAL BANK v. MILLER YACHT SALES


173 N.J. Super. 90 (1980)

413 A.2d 619

CHEMICAL BANK, PLAINTIFF-APPELLANT, v. MILLER YACHT SALES, CENTRAL JERSEY BANK & TRUST COMPANY AND JEAN MULLER, A/K/A LAWRENCE MILLEN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 29, 1980.


Attorney(s) appearing for the Case

Elliot Scher argued the cause for appellant (Benenson & Scher, attorneys).

James F. Sullivan argued the cause for respondent Miller Yacht Sales (Robert F. Colquhoun, attorney).

Craig W. McKeown argued the cause for respondent Central Jersey Bank & Trust Company (McOmber & McOmber, attorneys).

Before Judges FRITZ, KOLE and LANE.


The opinion of the court was delivered by KOLE, J.A.D.

Jean Muller bought in New York a 1975 32-foot Luhrs motorboat (Luhrs) for a cash sales price of $29,000, which was financed by Chemical Bank (Chemical). The retail installment contract-security agreement was assigned to Chemical on June 15, 1976. Within ten days thereafter and after receipt of the boat by Muller, Chemical filed two financing statements, one in the Nassau County Clerk's Office, New York, since...

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