GENERAL MOTORS v. LINCOLN NAT. BANK

No. 98-SC-0489-DG.

18 S.W.3d 337 (2000)

GENERAL MOTORS ACCEPTANCE CORPORATION, Appellant, v. LINCOLN NATIONAL BANK, Appellee.

Supreme Court of Kentucky.

January 20, 2000.


Attorney(s) appearing for the Case

John T. McGarvey, Thomas C. Fenton, Morgan & Pottinger, P.S.C., Louisville, for appellant.

K. Gregory Haynes, Kevin P. Crooks, Wyatt, Tarrant & Combs, Louisville, for appellee.


LAMBERT, Chief Justice.

The issue presented is whether a bank may apply the cash proceeds of collateral to overdrafts allowed a depositor, thereby defeating established priorities, on grounds of the "ordinary course of business" exception contained in official comment 2(c) to UCC § 9-306(2) (KRS 355.9-306(2)). In the case at bar the trial court and the Court of Appeals allowed such a result. We reverse.

From 1976 through 1991, General Motors Acceptance...

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