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MOUNTAIN FARM CREDIT SERV. v. PURINA MILLS, INC.

No. COA94-972.

459 S.E.2d 75 (1995)

119 N.C. App. 508

MOUNTAIN FARM CREDIT SERVICE, ACA, Plaintiff, v. PURINA MILLS, INC., Defendant, v. GREY DAWN FARMS, Robert A. Hetherington, Jr., Warren G. Killian and Walnut Grove Auction Sales, Inc., Counterclaim Defendants.

Court of Appeals of North Carolina.

July 18, 1995.

Attorney(s) appearing for the Case

Carter & Kropelnicki, P.A. by Steven Kropelnicki, Jr., Asheville, for plaintiff appellant.

Parker, Poe, Adams & Bernstein, L.L.P. by Stephen R. Hunting and Russell B. Killen, Charlotte, for defendant appellant.

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Michelle Rippon, Asheville, for counterclaim defendant appellants.

ARNOLD, Chief Judge.

I. MFCS's Appeal

A. Directed Verdict and Judgment Notwithstanding the Verdict

MFCS first contends the trial court erred in denying its motion for a directed verdict and judgment notwithstanding the verdict. It argues that Purina's evidence did not establish the existence of, nor the perfection of, a valid security agreement. MFCS believes the security agreement is facially defective because it (1) fails to name GDF as the debtor...

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