CASE CREDIT CORP. v. PORTALES NAT. BANK

No. 24361.

966 P.2d 1172 (1998)

126 N.M. 89

1998-NMSC-035

CASE CREDIT CORPORATION, Plaintiff-Petitioner, v. PORTALES NATIONAL BANK and Jerry L. Morris Custom Combining, Inc., a/k/a J.L. Morris Custom Harvesting, Defendants-Respondents.

Supreme Court of New Mexico.

October 6, 1998.


Attorney(s) appearing for the Case

Kim E. Kaufman, Albuquerque, NM, Rowley Law Firm, P.C., Richard F. Rowley, III, Clovis, NM, for Petitioner.

Doerr & Knudson, P.A., Stephen Doerr, Portales, NM, for Respondents.


OPINION

FRANCHINI, C.J.

{1} This is a secured transactions case. We address a single issue: whether the proceeds of an unauthorized sale of a tractor, in which Petitioner Case Credit Corporation (Case) held a prior security interest, were converted by Respondent Portales National Bank (Bank), which held a junior lien in the same tractor, when the Bank, having come into ownership of the proceeds as payee on the check, disbursed the money to a third...

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