Quimbee logo
DMCA.com Protection Status

Arthur Glick Truck Sales v. Stuphen East Corp.

914 F. Supp. 2d 529 (2012)

Case BriefRelatedOptions
From our private database of 35,600+ case briefs...

Arthur Glick Truck Sales v. Stuphen East Corp.

United States District Court for the Southern District of New York

914 F. Supp. 2d 529 (2012)

Facts

Arthur Glick Truck Sales, Inc. (Glick) (plaintiff) was a New York corporation that sold truck chassis. Wolverine Fire Apparatus Company (Wolverine) entered into contracts with Beaverkill Valley Fire District and the Forest Waverly Fire Department (collectively, fire districts) to sell each a completed fire truck. Travelers Casualty and Surety Company of America (Travelers) (defendant) provided surety bonds to the fire districts guaranteeing Wolverine’s performance. Wolverine ordered the chassis for each truck from Glick. In the normal course of conduct between Wolverine and Glick, Wolverine ordered the chassis, Glick delivered it, Wolverine paid Glick after selling the completed fire truck, and Glick then transferred the manufacturer’s certificate for the chassis to the fire district that bought the truck. In this case, however, before the trucks were finished, Wolverine filed bankruptcy. Travelers acquired the unfinished fire trucks and arranged for other companies to complete and deliver them. Glick was never paid and had never transferred the manufacturer’s certificates for the chassis to the fire districts. Glick filed suit in state court, claiming a superior interest in the chassis to Travelers’ interest and seeking monetary damages for the chassis. Travelers removed the suit to the United States District Court for the Southern District of New York. Travelers argued that it should prevail because under its surety bond, it became subrogated to the fire districts’ rights against Wolverine. Secondly, Travelers argued that the fire districts (and thus Travelers as their subrogee) qualified as buyers in the ordinary course of business, which enabled them to take free of the security interest of Glick. Glick argued that the fire districts never obtained title and were not buyers in good faith. Glick and Travelers each sought summary judgment.

Rule of Law

Issue

Holding and Reasoning (Karas, K.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 618,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 618,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership