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Tolland Bank v. Gastringer

Connecticut Superior Court, Judicial District of Waterbury
Aug 31, 1990
1990 Ct. Sup. 1137 (Conn. Super. Ct. 1990)

Opinion

No. 96804

August 31, 1990.


MEMORANDUM ON MOTION FOR JUDGMENT


Tolland Bank may not use Section 42-98 of the General Statutes to foreclose its security interest in the mobile home or collect attorney's fees under Section 42-91. Chapter 733, Retail Installment Sales Financing, appears to require a retail installment sale as defined in Section 42-83(3)(d) between a retail seller (Section 42-83(3)(g)) and a retail buyer (Section 43-83(3)(h)). Furthermore, Section 42-84 provides general contract requirements for retail installment contracts that do not appear to have been met in this case. See Section 42-84(c).

The complaint in this case alleges a personal loan secured by an interest in a mobile home. It would appear to fall outside the scope of Sections 42-83 — 42-100a. Proceedings should take place under the Uniform Commercial Code.

Plaintiff's motion for judgment is denied.

KULAWIZ, Judge.


Summaries of

Tolland Bank v. Gastringer

Connecticut Superior Court, Judicial District of Waterbury
Aug 31, 1990
1990 Ct. Sup. 1137 (Conn. Super. Ct. 1990)
Case details for

Tolland Bank v. Gastringer

Case Details

Full title:TOLLAND BANK v. LEON W. GASTRINGER, ET AL

Court:Connecticut Superior Court, Judicial District of Waterbury

Date published: Aug 31, 1990

Citations

1990 Ct. Sup. 1137 (Conn. Super. Ct. 1990)

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