Opinion

Farmers State Bank & Trust Co. v. Mikesell

51 Ohio App. 3d 69
554 N.E.2d 900
11 U.C.C. Rep. Serv. 2d (West) 1306
1988 Ohio App. LEXIS 2307

Court: Ohio Court of Appeals
Filed: Jun 10, 1988
Status: Published
Author: Kerns
On the bench: Fain, Brogan, Kerns
Cited by: 8 cases

The opinion

Kerns, P.J.,

concurring in part and dissenting in part. Where property is wrongfully transferred in violation of a security agreement, I cannot agree that its subsequent omission from a typical financial statement constitutes constructive notice so as to trigger the running of the statute of limitations. For this reason, I would overrule the third assignment of error.

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