Bank Midwest loans money to Thompson's Clothing store. Thompson's signs a promissory note to Bank Midwest in
Question:
Bank Midwest loans money to Thompson's Clothing store. Thompson's signs a promissory note to Bank Midwest in the amount of $100,000 and signs a security agreement covering "all office equipment, all inventory, now owned or hereinafter acquired". Thompson's buys 100 new suits from the ACME Suit Company which finances the new inventory purchase. Thompson's signs a promissory note to ACME for $15,000 and a security agreement in their favor covering the 100 new suits. Prior to delivery of the new suits, ACME sends notice to Bank Midwest that it has sold the new inventory to Thompson's and is retaining a security interest in the new suits and ACME files a financing statement. Quinn takes a new job as a lawyer and buys five new suits from Thompson's. Thompson's defaults on the notes. As to these facts, which of the following statements is true?
A. | Bank Midwest has a higher priority security interest than ACME and can recover the suits still at Thompson's and it can recover the 5 suits sold to Quinn. | |
B. | Bank Midwest has a higher priority security interest than ACME and can recover the suits still at Thompson's but it cannot recover the 5 suits sold to Quinn. | |
C. | ACME has a higher priority security interest than Bank Midwest and can recover the suits still at Thompson's and it can recover the 5 suits sold to Quinn. | |
D. | ACME has a higher priority security interest than Bank Midwest and can recover the suits still at Thompson's, but it cannot recover the 5 suits sold to Quinn. |
Principles of Risk Management and Insurance
ISBN: 978-0132992916
12th edition
Authors: George E. Rejda, Michael McNamara