Buffalo National Bank v. United States

26 Cl. Ct. 1436, 1992 U.S. Claims LEXIS 487, 1992 WL 310507
CourtUnited States Court of Claims
DecidedOctober 23, 1992
DocketNo. 566-87C
StatusPublished
Cited by11 cases

This text of 26 Cl. Ct. 1436 (Buffalo National Bank v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buffalo National Bank v. United States, 26 Cl. Ct. 1436, 1992 U.S. Claims LEXIS 487, 1992 WL 310507 (cc 1992).

Opinion

OPINION

HORN, Judge.

This case is before the court on the defendant’s motion for summary judgment pursuant to rule 56 of the rules of the United States Claims Court (RUSCC). Plaintiff, Buffalo National Bank (the Bank), brought this action under the Tucker Act jurisdiction of the court included in 28 U.S.C. § 1491 (1988). The complaint states that the case was filed as an action for breach of contract, and for failure to give notice “in violation of the Uniform Commercial Code as adopted in Minnesota.” According to plaintiff, the case arises from a subordination agreement entered into by the plaintiff, Buffalo National Bank, and the United States Government, acting through the Farmer’s Home Administration (FmHA) on April 30, 1982. In the [1438]*1438“amended complaint” filed in this court,1 plaintiff does not specify a sum certain but requests damages in the actual amount equal to the unpaid principal and interest accrued of a loan, allegedly guaranteed by the FmHA, pursuant to the subordination agreement.

Defendant first filed a motion to dismiss and, thereafter, a “Motion to Supplement Appendix,” accompanied by the Declaration of Robert Treadway, Assistant County Supervisor, Farmers Home Administration (FmHA). In an Order issued by the court, defendant’s motion to dismiss was denied. The court noted that because a declaration was appended to defendant’s motion, the motion should be converted into a motion for summary judgment, in accordance with RUSCC 12(b). Thereafter, the defendant filed a motion for summary judgment. The plaintiff filed its opposition to defendant’s motion for summary judgment, claiming its entitlement to recovery, but arguing the existence of material issues of fact as a basis for denial of the motion for summary judgment. Defendant subsequently filed a reply to plaintiff’s filing. After a thorough review of the pleadings and supporting documentation submitted by the parties, this court, hereby GRANTS the defendant’s motion for summary judgment.

FACTS

The material facts necessary to decide the instant motion for summary judgment appear to be undisputed. From 1979 to 1986, the FmHA financed, by means of several loans, the operation of Sleepy Hollow Farms, a dairy farm owned and operated as a partnership by Myron and Betty Johnson and their two sons Wayne and Bryan. These loans were secured with personal property of the Johnsons, including a 1980 John Deere 4440-D Tractor and a 1971 John Deere 4020-D Tractor. In the spring of 1982, the Johnsons attempted to obtain an additional loan from the FmHA to finance their spring planting needs. However, at that time, FmHA was unable to provide a loan because it had exhausted available loan funds. In order to assist the Johnsons in obtaining additional financing, the FmHA agreed to subordinate its interest in Sleepy Hollow Farms’ collateral to another lender. The Johnsons, therefore, sought financing from plaintiff, Buffalo National Bank.

Accordingly, on April 30, 1982, Buffalo National Bank and the FmHA executed a written document titled “Subordination by the Government,” which, by its terms, subordinated the FmHA’s first priority lien on two tractors (a 1980 John Deere Tractor 4440-D and a 1971 John Deere Tractor 4020-D) in favor of the Bank’s security interest. The document, signed by Ray Staloch, County Supervisor of the FmHA, provides in pertinent part:

SUBORDINATION BY THE GOVERNMENT
THE United States of America acting through the administrator of the Farmers Home Administration (hereinafter called the “Government”) is the owner and holder of the following-described instruments) executed by Johnson Sleepy Hollow Farms of Wright County, State of Minnesota: ... Financing Statement [dated] March 21, 1979 [filed] 3-21-79 [with Wright County Recorder] [File Number] 079222
AND Buffalo National Bank (hereinafter called the “Lender”) has agreed to loan $20,000.00 to Johnson Sleepy Hollow Farms (hereinafter called the “Borrower”) for the following purposes: Spring planting needs.
THEREFORE, in consideration of the Lender’s agreement to make such loan to the Borrower, the Government hereby (1) consents for the Borrower to obtain said loan from the Lender for such purposes, and (2) agrees to and hereby subordinates in favor of the Lender and his successors and assigns its liens or security interests created or evidenced by the [1439]*1439above-described instruments) insofar as they cover the following described property:
1 John Deere Tractor,
Serial # 40467 4440-D- Good 1980
1 John Deere Tractor,
Serial # 251837R 4020-D- Good 1971
* * * * * * *
This subordination is limited to the amount actually loaned by the Lender to the Borrower for the foregoing purposes, but shall not exceed $20,000.00.
* * * * * * *

On May 5, 1982, five days after the execution of the subordination agreement, the Bank loaned the Johnsons $20,000.00, and the Johnsons granted to the Bank, as collateral, a security interest in the two John Deere tractors.2 The Bank subsequently perfected its security interest.

With respect to the loans outstanding from FmHA, Sleepy Hollow Farms appears to have made timely payments to the FmHA from 1983 through mid-1986. Plaintiff, Buffalo Bank, asserts, however, that the two installments set forth in the subrogation agreement and payable to the Bank on November 5, 1983 and on May 5, 1984 were never made. Defendant does not appear to dispute this allegation in its pleadings.

In the Spring of 1984, after the departure of one of the sons, Wayne Johnson, from the partnership, the Johnsons decided to scale down the size of the Sleepy Hollow Farms. The Johnsons discussed the partial liquidation of farm inventory with Ray Staloch, the FmHA County Supervisor. On March 16, 1984, the Johnsons sold the 1980 John Deere Tractor, which also served as collateral for the Buffalo National Bank loan, to a farm equipment dealer from Kearney, Nebraska. As consideration for the tractor, the Johnsons received a check for $23,000.00, jointly payable to the Farm and the FmHA. The Johnsons deposited the check in the FmHA supervised bank account. The check was returned to the bank unpaid, on or around March 27, 1984. Shortly thereafter, the purchaser sold the tractor to another business in Oklahoma, after which the tractor was sold to a farmer in Texas. Before the Bank could proceed against the dealer on the check, or take other action, the dealer filed a petition for bankruptcy under Chapter 11 of the United States Code. Neither the tractor nor the proceeds from the sale have been recovered.

The plaintiff takes the position that the involvement of FmHA’s Ray Staloch in the sale of the tractor and his failure to inform Buffalo Bank of the sale of the tractor and of the return of the dishonored cheek should allow plaintiff to recover against the United States in this case.

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Bluebook (online)
26 Cl. Ct. 1436, 1992 U.S. Claims LEXIS 487, 1992 WL 310507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buffalo-national-bank-v-united-states-cc-1992.