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CREER v. VALLEY BANK AND TRUST CO.

No. 880179.

770 P.2d 113 (1988)

Frank Moyle CREER and John Preston Creer, Plaintiffs and Appellees, v. VALLEY BANK AND TRUST COMPANY, a Utah corporation, Valley Central Bank, a Utah corporation, Marcus Taylor, Receiver, Defendants and Appellants.

Supreme Court of Utah.

Rehearing Denied February 16, 1989.

Attorney(s) appearing for the Case

Gary E. Doctorman, Elizabeth S. Whitney, Salt Lake City, for defendants and appellants.

Keith B. Romney, Salt Lake City, for Frank Moyle Creer.

John Preston Creer, Salt Lake City, pro se.

PER CURIAM:

Valley Bank and Trust Company (the bank) appeals from a judgment in favor of plaintiffs declaring their claim of ownership in a cement mixer truck superior to the unperfected security interest of the bank in the same vehicle. We affirm.

The bank was the holder of a promissory note in the amount of $250,000 for which the obligor signed a security agreement giving collateral, including a security interest in the vehicle here at issue. The bank did...

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