U.S. NATIONAL BANK v. BOGE

CC 86-2083, CA A50913, SC S37348.

814 P.2d 1082 (1991)

311 Or. 550

United States NATIONAL BANK of Oregon, a National Banking Association, Petitioner On Review, v. Neal J. BOGE, Respondent On Review, Martin Boge, Defendant, v. J.M. Crowley, Third-Party Defendant.

Supreme Court of Oregon, In Banc.

Decided July 25, 1991.


Attorney(s) appearing for the Case

Gregory A. Chaimov, of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause for petitioner on review. With him on the petition was James N. Westwood, Portland.

Clayton C. Patrick, Salem, argued the cause for respondent on review. With him on the response to the petition was William D. Brandt, Salem.

John A. Bryan and James L. Murch, of Sherman, Bryan, Sherman & Murch, Salem, filed a brief on behalf of amici curiae Oregon Bankers Ass'n and American Bankers Ass'n.

Phil Goldsmith, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.


GRABER, Justice.

This civil case involves a dispute between a bank and its borrower. We decide three questions: (1) Does the duty of good faith imposed by Article 9 of the Uniform Commercial Code (UCC), ORS chapter 79, displace the common law duty of good faith? (2) What is the standard of good faith that Article 9 of the UCC requires? (3) Was there sufficient evidence to support the verdict of the jury, which found a breach of the duty of good faith? We hold: (1...

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