[Download] "Lynn Jerry v. Leelanau Marine Inc" by Court of Appeals of Michigan # eBook PDF Kindle ePub Free
eBook details
- Title: Lynn Jerry v. Leelanau Marine Inc
- Author : Court of Appeals of Michigan
- Release Date : January 19, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
REILLY, P.J. Plaintiff/counter-defendant Lynn Jerry (hereafter referred to as plaintiff) appeals as of right a circuit court judgment in favor of defendant/counter-plaintiff Second National Bank of Saginaw (hereafter referred to as defendant) on plaintiff's claims and count I of defendant's countercomplaint. 1 Defendant is the holder of a retail installment contract executed by plaintiff to finance the purchase of a boat and accessories from Leelanau Marine, Inc. In this case, we must determine whether the claims and defenses asserted by plaintiff may be raised against defendant under § 15 of the Retail Installment Sales Act (RISA). MCL 445.B65(d); MSA 19.416(115)(d). To resolve that issue, we must also decide whether the watercraft certificates of title act (WCTA), MCL 281.1201 et seq.; MSA 18.1288(1) et seq. preempts provisions of the Uniform Commercial Code (UCC), MCL 440.1101 et seq.; MSA 19.1101 et seq., regarding the transfer of title to watercraft. The trial court concluded that there was no preemption, that defendant was not subject to plaintiff's claims and defenses, and granted defendant's motion for summary Disposition. We reverse and remand.