BORG-WARNER ACCEPTANCE CORP. v. DEP'T OF STATE

Docket No. 83010, (Calendar No. 3).

433 Mich. 16 (1989)

444 N.W.2d 786

BORG-WARNER ACCEPTANCE CORPORATION v. DEPARTMENT OF STATE

Supreme Court of Michigan.

Decided August 1, 1989.


Attorney(s) appearing for the Case

Foster, Swift, Collins & Coey, P.C. (by Philip T. Carter, Lawrence B. Lindemer, James E. Lozier, and Glen A. Schmiege), for the plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, A. Michael Leffler, Clive D. Gemmill, and David W. Swan, Assistant Attorneys General, for the defendants.


BRICKLEY, J.

This case of first impression presents the question whether a prospective creditor, who requests the Secretary of State to perform a filing search pursuant to MCL 440.9407; MSA 19.9407 (UCC 9-407) for effective financing statements naming a particular debtor, may recover damages from the state for breach of contract when the certificate issued to the plaintiff following the search fails to identify a creditor...

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