Belmont International, Inc. v. American International Shoe Co.
This text of 972 F.2d 1527 (Belmont International, Inc. v. American International Shoe Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
The Oregon Supreme Court has answered the certified questions we posed to it. Belmont Int’l v, American Int’l Shoe, 313 Or. 112, 831 P.2d 15 (1992). The court held that Belmont can make out a claim for money had and received provided it “shows that Bank had no security interest” in the disputed funds. Id. 831 P.2d at 22. A security interest will not arise in funds that Belmont can show were deposited after the Bank had “actual knowledge of the consignment relationship.” Id. at 19.
Accordingly, we reverse the district court’s dismissal of plaintiff’s complaint and remand this case for further proceedings consistent with the Oregon Supreme Court’s opinion.
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972 F.2d 1527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belmont-international-inc-v-american-international-shoe-co-ca9-1992.