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Bailment Law
Excel Bank v. National Bank of Kansas City d/b/a Great American Acceptance Company

Excel Bank ("Excel") appeals from a summary judgment in favor of National Bank of Kansas City d/b/a Great American Acceptance Company ("GAAC") on Excel's replevin action concerning eighteen vehicles that GAAC seized from a used car dealer, Miles Truck and Auto ("Miles"). For the following reasons, we affirm.

The underlying facts are undisputed. On March 5, 2004, GAAC advanced money to Miles... More...
   $0 (06-30-2009 - MO)

Jerry R. Becker v. Pacific Forest Industries, Inc., et al.

Defendant Jack Stone appeals a summary judgment in favor of plaintiff on defendant's counterclaim seeking money damages.(1) Plaintiff brought this action to, among other things, foreclose an alleged landlord's lien on certain wood materials that were stored on his real property.(2) Defendant, in turn, filed a counterclaim against plaintiff for conversion of the stored property. Defendant conten... More...   $0 (06-17-2009 - OR)

Encon Utah, LlV v. Fluor Ames Kraemer, LLC, Fireman's Fund Insurance Company, and St. Paul Fire and Marine Insurance Company

¶1 Utah Department of Transportation (“UDOT”) contracted with Fluor Ames Kraemer, LLC, (“FAK”) to construct the Legacy Parkway (“the project”). FAK then subcontracted with Encon Utah, LLC, (“Encon”) to manufacture and install bridge girders for the project. UDOT partially terminated the project, and, as a result, FAK terminated Encon’s subcontract. Encon filed suit against FAK a... More...   $0 (01-27-2009 - UT)

Triple Auto Sales v. Fort Worth Transportation Authority

Appellee Fort Worth Transportation Authority (FWTA) sued Appellant Triple R Auto Sales (Triple R) on a theory of negligent entrustment of an automobile. Triple R failed to timely respond to request for admissions propounded by FWTA, and consequently, the admissions were deemed admitted. See Tex. R. Civ. P. 198.2(c) (AIf a response [to a request for admissions] is not timely served, the request i... More...   $0 (01-22-2009 - TX)

Terry Fedrick v. Cliff Nichols d/b/a C&N Truck and Trailer Repair

Terry Fedrick appeals from a take nothing judgment following a bench trial. In one issue, Fedrick argues that he was entitled to a judgment as a matter of law in light of factual findings made by the trial court. We affirm. * * * Fedrick is a truck driver, and he owns a commercial truck manufactured in 1994. The truck apparently developed a short circuit in the wiring and caught fire while it was ... More...   $0 (09-12-2008 - TX)

Gore Design Completions, Ltd. v. Hartford Fire Insurance Co.

Once again, we are faced with the seemingly simple task of applying the Texas “eight corners” rule to determine whether an insurance company owes a duty to defend an underlying liability lawsuit. Because we conclude that the statement of claim in the liability case asserted a claim that could fall within the coverage of the Hartford policy and is not clearly excluded by it, we reverse the summ... More...   $0 (08-07-2008 - TX)

Zagami, Inc. v. James A. Crone, Inc.

Defendant James A. Crone, Inc. (Crone) appeals a judgment in favor of plaintiff Zagami, Inc. (Zagami) entered on a special verdict. The jury found Crone breached a contract with Zagami for the rental and delivery of a "skiploader" tractor Zagami supplied to Crone for use at a jobsite Crone managed. The jury awarded Zagami damages of $15,500 on its breach of contract claims and on its common co... More...   $0 (03-11-2008 - CA)

Millennium Partners, L.P., et al. v. Colmar Storage, LLC

Appellant Colmar Storage, L.L.C. ("Colmar") appeals from the final judgments entered by the District Court in favor of Appellees AIG Trading Corp. ("AIG"), Millenium Partners, LLP ("Millenium"), and One Beacon Insurance Company ("One Beacon").1 Colmar contends that the District Court committed reversible error by (1) denying its motion for judgment as a matter of law with respect to Millen... More...   $0 (08-11-2007 - FL)

Katherine A. Ellis, et al. v. AAR PARTS TRADING INC., f/k/a AAR Aircraft & Engine Group, Inc., and FLEET BUSINESS CREDIT, LLC, etc.

These consolidated appeals arise out of two lawsuits filed in the trial court on behalf of 113 plaintiffs who were Philippine decedents who died as a result of a plane crash on April 19, 2000, in the Philippines. The defendants, AAR Parts Trading, Inc. (hereinafter AAR), a parts company, and Fleet Business Credit, LLC (hereinafter Fleet), a financing company, filed motions to dismiss predicated... More...   $0 (05-20-2005 - IL)


Plaintiff Hilda Perez appeals from a summary judgment dismissing her complaint See footnote 1 alleging that her "rent-to-own" contracts with defendant Rent-A-Center, Inc. (defendant or Rent-A-Center) violated the Consumer Fraud Act, N.J.S.A. 56:8-1 to -135, and the Retail Installment Sales Act (RISA), N.J.S.A. 17:16C-1 to -61, because the time-price differential exceeded the 30% per annum... More...   $0 (02-11-2005 - NJ)

AIG Uruguay Compania De Seguros, S.A. v. Landair Transport, et al.

AIG Uruguay Compania de Seguros, S.A. ["AIG"], as subrogee of its insured, Abiatar, S.A., appeals a final summary judgment and a final judgment awarding fees and costs to defendant Landair Transport, Inc. We affirm.

2 Abiatar purchased cellular phones from Motorola, Inc., at Motorola's Illinois headquarters for $130,000. Abiatar insured the shipment with AIG. Abiatar contracted with... More...   $0 (02-02-2005 - FL)

Conseco Loan Finance Company, et al. v. Michael S. Boswell, et al.

This appeal in an action for replevin of a manufactured home involves a dispute between a sales finance company with a security interest in the home and the corporate manager of the manufactured-home park where the home was abandoned. The district court determined that the home had been abandoned, the management company did not have a removal-and-storage lien, and the sales finance company w... More...   $0 (11-03-2004 - MN)

The Denver Post Corp. v. Cook, Sheriff of Jefferson County

Appellant, The Denver Post (the Post), appeals from the district court's order in favor of the Jefferson County Sheriff's Office (JCSO) finding that certain writings and tape recordings seized by law enforcement officers pursuant to search warrants are not "criminal justice records" and are, therefore, not subject to the Colorado Criminal Justice Records Act, 24-72-301, et seq., C.R.S. 2003 (... More...   $0 (02-02-2004 - CO)

Edna Byers, Personal Representative of the Estate of Patrick A. Duncan v. Auto-Owners Insurance Company.

AFFIRMED Patrick A. Duncan ("Duncan") was killed in an automobile accident in Arkansas. The driver of the other vehicle, Jason Klein ("Klein"), resided in the State of Arkansas as did the insured, Dennis Honl ("Honl"), an employee of Fred C. Stoker & Sons, Inc. ("Stoker"). Stoker, a Tennessee corporation that engages in the manufacture and distribution of pouch tobacco, owned the automobil... More...   $0 (11-21-2003 - MO)

United States of America v. Raymond David Young

Defendant Raymond D. Young ("Young"), who has been convicted of 18 counts of conspiring to impede and impair the IRS in the computation and collection of diesel motor fuel excise taxes, subscribing to false quarterly excise tax return s, making false statements to an IRS agent and using false documents in connection with the review by an IRS agent of a 637 tax free certificate, raises eigh... More...   $0 (11-14-2003 - FL)

David Mouser v. Caterpillar

David Mouser ("Mouser") and Donald Green ("Green") (together "plaintiffs") appeal from a final order entered in the United States District Court for the Eastern District of Missouri2 granting judgment as a matter of law ("JAML") in favor of Caterpillar, Inc. ("defendant"), on plaintiffs' claims stemming from an industrial accident and conditionally granting defendant's motion for a new trial... More...   $0 (07-15-2003 - MO)

Edward G. Robinson v. National Autotech, Inc. d/b/a City Garage, Jerry Skaggs and John Schaefer

Edward G. Robinson appeals from an adverse judgment in his lawsuit against National Autotech, Inc. d/b/a City Garage (Autotech), Jerry Skaggs, and John Schaefer. In two issues, Robinson contends the trial court erred in granting summary judgment to Autotech and abused its discretion in dismissing his lawsuit against Skaggs and Schaefer. For reasons set forth below, we affirm the trial... More...   $0 (07-02-2003 - TX)

Carson Energy, Inc. and E. Carter Bills, II vs. Riverway Bank

This is an appeal from a summary judgment entered in favor of Riverway Bank on claims filed by plaintiffs/appellants Carson Energy and E. Carter Bills, II, and the denial of the motion for summary judgment filed by Carson Energy and E. Carter Bills. The dispute centers around a deposit of funds at the Riverway Bank and the alleged breach of such depository agreement. The case before us involves... More...   $0 (03-06-2003 - TX)

Emzy T. Barker, III, et al. v. Walter W. Eckman, et al.

This appeal arises out of an agreement to store bull semen. Appellee Walter W. Eckman sued - both individually and on behalf of others - appellants Emzy T. Barker, III and Ava Barker, who do business under the names Brushy Creek Brahman Center and Brushy Creek Custom Sires. The Eckmans Walter W. Eckman sued in both his individual capacity and as the nominee andtrus... More...   $111984 (01-24-2003 - TX)

Richard Toombs, etc. v. Alamo Rent-A-Car, Inc.

The petitioner, Richard Toombs, personal representative of the estate of Julia Stuttard, filed a wrongful death action against Alamo-Rent-A-Car seeking damages on behalf of her two surviving minor children. Julia Stuttard was killed in a car accident while a passenger in an Alamo automobile rented and driven by her husband, Ian Stuttard. Her husband and their two minor children, who were also ... More...   $0 (11-01-2002 - FL)

Midori Shimamoto, &c., et al. v. S&F Warehouses, Inc., et al.

On this appeal we consider whether plaintiff-merchant can maintain an action under UCC 7-210 for damages allegedly caused by defendants' conduct in the sale of commercial goods in order to satisfy a lien for unpaid warehouse charges. We agree with the Appellate Division that there was insufficient evidence of willful conduct to hold defendants liable for conversion damages under UCC 7-210(9)... More...   $0 (10-28-2002 - NY)

Jack Garrett v. IMPAC Hotels, L.L.C., etc.

Jack Garrett (hereinafter, "Appellant") filed suit against Impac Hotel 1, L.L.C., d/b/a Holiday Inn St. Louis Airport North (hereinafter, "Hotel") alleging Hotel failed to adequately warn him about criminal activity on its parking lot. The trial court granted Hotel's motion for summary judgment. This appeal follows.

On the night of March 29, 1998, Appellant and his wife checked into Hotel. ... More...   $0 (10-08-2002 - MO)

Donna Mitchell and Timothy Mitchell v. Bank of America, et al.

In seven points of error, Donna and Timothy Mitchell (the Mitchells) contend the trial court erred in granting summary judgment in favor of Bank of America National Association (the Bank) because (1) there are issues of fact regarding whether the Bank breached its contractual or bailment obligations, was negligent, was liable under the theory of premises liability, or caused the Mitchells' loss;... More...   $0 (09-30-2002 - TX)

Wausau Insurance Company v. All Chicagoland Moving & Storage Company

Plaintiff, Wausau Insurance Company (Wausau), initiated a subrogation action against All Chicagoland Moving & Storage Company (Chicagoland), alleging that Chicagoland dropped and damaged an electron microscope owned by the McCrone Group, Inc. (McCrone), and insured by Wausau. Wausau's amended complaint alleged that Chicagoland acted negligently and breached a bailment agreement with McCrone. The t... More...   $0 (09-27-2002 - IL)

Universal Marketing and Entertainment, Inc. v. Bank One of Arizona, N.A.

1 When a judgment creditor, after initiating a garnishment against the unrestricted bank account of its judgment debtor, is informed that the judgment debtor does not own the bulk of the funds within the account and merely holds them to accomplish a transaction on behalf of another, does the creditor subject itself to liability for conversion if it completes the garnishment and refuses to ret... More...   $0 (08-30-2002 - AZ)

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