Logourl black
From our private database of 14,100+ case briefs...

Credit Bureau of Broken Bow, Inc. v. Moninger

Nebraska Supreme Court
284 N.W.2d 855 (1979)


Facts

The Credit Bureau of Broken Bow (the Bureau) (plaintiff) obtained a default judgment against John Moninger (defendant) on October 20, 1977. Moninger renewed a prior note with the Broken Bow State Bank (the Bank) on May 16, 1978. This note was to be secured by a 1975 Ford pickup, but no security agreement was entered into. The Bureau requested a writ of execution on its judgment, which was issued on June 27, 1978. The writ was delivered to the deputy sheriff, who checked the motor vehicle title records for any recorded liens on the pickup truck. No liens were found, and the deputy sheriff served Moninger with the writ on July 7, 1978. The deputy sheriff informed Moninger that he was executing on the pickup truck, grabbed the truck, and stated “I execute on the pickup for the County of Custer.” At this time, the deputy sheriff did not take possession of the vehicle. The Bank was informed of these events, and the Bank and Moninger executed a security agreement on the pickup truck to secure the May 1978 renewal note on July 10, 1978. The security interest was perfected that same day. The deputy sheriffs seized the pickup truck on July 13, 1978 and sold it at a sheriff’s sale. The sheriff filed a motion seeking a determination of where the proceeds should be distributed. The Bank asserted priority as a secured creditor, and the trial court awarded the proceeds to the Bank. The Bureau appealed to the Nebraska Supreme Court.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Brodkey, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.