[Download] "Massey-Ferguson Credit Corporation v." by Supreme Court of Idaho No. 12909 # Book PDF Kindle ePub Free
eBook details
- Title: Massey-Ferguson Credit Corporation v.
- Author : Supreme Court of Idaho No. 12909
- Release Date : January 24, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
This case concerns the question of damages arising from appellant Massey-Ferguson Credit Corporation's repossession of farm equipment owned by respondent Arthur Peterson. In a previous appeal, Massey-Ferguson Credit Corp. v. Peterson, 96 Idaho 94, 524 P.2d 1066 (1974) [ Massey-Ferguson I ], we declared Idaho's prejudgment claim and delivery statute, former I.C. §§ 8-301 et seq., to be unconstitutional. In this appeal, we address the issue of Massey-Ferguson's liability, if any, for utilizing that unconstitutional statute to repossess Peterson's equipment. In September, 1970, respondent Peterson assumed a retail installment contract on a Massey-Ferguson combine. Peterson's brother-in-law had previously purchased this combine from Zitlau Motors and had fallen behind on the payments. In November of the same year respondent purchased another Massey-Ferguson combine from Zitlau's under another retail installment contract. In June of 1971 respondent purchased a diesel tractor from the same dealer also under a retail purchase contract. Zitlau Motors assigned its interest under all these contracts to Massey-Ferguson Credit Corporation. U.C.C. financing statements were duly executed and filed.