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Date: Sat, 23 Apr 2011 21:32:05 -0500
Subject: Fwd: Canada, U.S. & Mexico Merge Commercial Vehicle Inspections Under North American Union
From: yahseph@gmail.com
To:
In case you haven't' seen the following...... Is it the "North American Union" whether we want it or not?!?!? blessings,
jose/anna:)
From: Meredith <meredith2729@yahoo.com>
Date: Sat, Apr 23, 2011 at 7:16 AM
Subject: Canada, U.S. & Mexico Merge Commercial Vehicle Inspections Under North American Union
To: Meredith <meredith2729@yahoo.com>
From: Michael James Anthony <michaeljamesanthony@yahoo.com
>
Subject: Canada, U.S. & Mexico Merge Commercial Vehicle Inspections Under North American Union
Date: Friday, April 22, 2011, 12:50 PM
There is no North American Union. Or is there?
My Family Car Is Consumer Goods NOT Equipment
U.C.C. - ARTICLE 9
SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER
§ 9-109. Classification of Goods: "Consumer Goods"; "Equipment"; "Farm Products"; "Inventory".
Goods are
(1) "consumer goods" if they are used or bought for use primarily for personal, family or household purposes;
(2) "equipment" if they are used or bought for use primarily in business (including farming or a profession) or by a debtor who is a non-profit organization or a governmental subdivision or agency or if the goods are not included in the definitions of inventory, farm products or consumer goods;
"The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of." Hillhouse v United States , 152 F. 163, 164 (2nd Cir. 1907).
Relevant applicable stare decisis case cites relating directly to UCC 9-109:
"Under UCC §9-109 there is a real distinction between goods purchased for personal use and those purchased for business use. The two are mutually exclusive and the principal use to which the property is put should be considered as determinative." --James Talcott, Inc. v Gee, 5 UCC Rep Serv 1028; 266 Cal.App.2d 384, 72 Cal.Rptr. 168 (1968).
"The classification of goods in UCC §9-109 are mutually exclusive."
--McFadden v Mercantile-Safe Deposit & Trust Co., 8 UCC Rep Serv 766; 260 Md 601, 273 A.2d 198 (1971).
"Automobile purchased for the purpose of transporting buyer to and from his place of employment was 'consumer goods' as defined in UCC §9-109." --Mallicoat v Volunteer Finance & Loan Corp., 3 UCC Rep Serv 1035; 415 S.W.2d 347 (Tenn. App., 1966).
"The provisions of UCC §2-316 of the Maryland UCC do not apply to sales of consumer goods (a term which includes automobiles, whether new or used, that are bought primarily for personal, family, or household use)." --Maryland Independent Automobile Dealers Assoc., Inc. v Administrator, Motor Vehicle Admin., 25 UCC Rep Serv 699; 394 A.2d 820, 41 Md App 7 (1978).
Federal Case Law Confirms
IN RE BARNES
United States District Court,
D Maine , September 15, 1972
Bankruptcy No. BK 72-129ND, No. EK 72-13OND
[9109] Consumer goods - automobile for transportation to and from work.
The use of a vehicle by its owner for purposes of traveling to and from his employment is a personal, as opposed to a business use, as that term is used in UCC § 9-109(l), and the vehicle will be classified as consumer goods rather than equipment.
The phraseology of § 9-109(2) defining equipment as goods used or bought for use primarily in business seems to contemplate a distinction between the use of collateral "in business" and the mere use of the collateral for some commercial, economic or income-producing purpose by one not engaged "in business."
The appropriate filing place turns upon the classification of the collateral as consumer goods or equipment. The Uniform Commercial Code classifies goods as consumer goods
". . . if they are used or bought for use primarily for personal, family or household purposes. (2). Fn (2) 11 MRSA § 9-109(1).
It is the court's opinion that the use of a vehicle by its owner for purposes of traveling to and from his employment is a "personal," as opposed to a business use, as that term is used in UCC § 9-109 (1). The phraseology of UCC § 9-109 (2), defining "equipment" as goods used or bought for use primarily "in business" seems to contemplate a distinction between the use of collateral "in business," and the mere use of the collateral for some commercial, economic or income-producing purpose by one not engaged "in business."

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