State Codes and Statutes
Statutes > Connecticut > Title42a > Art009 > Sec42a-9-101Sec. 42a-9-101. Short title. This article may be cited as "Uniform Commercial Code-Secured Transactions".
(1959, P.A. 133, S. 9-101; P.A. 01-132, S. 1.)
History: P.A. 01-132 replaced "shall be known and may be cited" with "may be cited".
Annotations to former statutes:
(1958 Rev., Chapter 709): Trust receipts in relation to conditional sales. 129 C. 446.
(1958 Rev., S. 42-77): Under the act of 1893 conditions under which the original vendor could replevy the goods sold under an unrecorded contract of sale, from a bona fide purchaser for value. 63 C. 436. Statute has not changed the law de retention of possession by the vendor. 70 C. 510; 77 C. 38; 101 C. 562. Statute applies only to contracts by which the title is not to pass upon delivery but upon the performance of some subsequent condition. 71 C. 165. Conditional sale made in New York to be performed in Connecticut is to be governed by the law of this state. 73 C. 133; 104 C. 564. Failure to record within two months held to be unreasonable; fixture in building. 75 C. 165. Where contract requires vendee to make weekly payments and also to pay in full within one year, vendor may retake for default in either requirement. 76 C. 221. "Contract" includes what; purpose of requiring record; that person taking acknowledgment was vendor's agent immaterial. 77 C. 276. "Household furniture"; linoleum for floor covering held to be. 78 C. 273. Lease, giving right to purchase, and providing for application of rentals paid on price not necessarily to be construed as conditional sale. 79 C. 419. Vendee cannot be compelled to continue payments where creditor attaches piano, then takes assignment from vendor and rests on latter. Id., 570. One who attaches interest of vendee stands in his shoes as regards payments. Id., 573; 80 C. 389. What considered in determining whether writing is mortgage or conditional sale. 81 C. 711. Recording before acknowledgment and later recording after acknowledgment held insufficient. 87 C. 369. Destruction of property will not relieve vendee of obligation to pay. 89 C. 232. Agreement in form of lease held to be a conditional sale. 95 C. 181; 97 C. 574; 104 C. 563. Where agreement of conditional sale provides that vendor may elect to treat it as straight bill of sale, no notice of election is necessary and suit may be brought for balance due. 96 C. 449. Sales and assignments of excepted articles need not be in writing. 98 C. 216. Electric light fixtures held household furniture. 101 C. 3. Cited. 105 C. 586; 113 C. 481; 132 C. 288. Distinction between mortgage and conditional bill of sale. 107 C. 527. Conditional bill of sale to retail dealer does not hold against retail customer without knowledge. Id., 365. Contract construed to be conditional though without express provision that title shall remain in seller. 112 C. 615. As against subsequent vendees, failure to acknowledge renders sale absolute. 113 C. 542. Not a conditional bill of sale where goods delivered are not described in it. 114 C. 71. Where corporation executes, certificate must disclose that person acknowledging was acting as officer or agent. Id., 514. Signing by treasurer on behalf of corporation and acknowledgment by him individually does not comply with statute. Id. Where both vendor and vendee execute instrument, both must acknowledge. Id.; 123 C. 438. Certificate sufficient which identifies subscriber, specifies the writing subscribed, states capacity in which he executed and certifies his acknowledgment. Id., 518; 120 C. 50. Under former statute contract for sale of portable building could be recorded in town where real estate was situated. 116 C. 368. Between trust receipt and conditional sale. Id., 490. Defectively executed contract of conditional sale may be enforced against vendee by assignee of vendor. 117 C. 457. Where unrecorded conditional sale contract is cancelled, recording of new contract with different terms within reasonable time is sufficient compliance with statute, where no rights of third parties have intervened. 120 C. 585. Instrument with obvious error in date held not to describe all conditions of sale. 127 C. 199. Attaching creditor of conditional vendee is limited by whatever conditions vendor and vendee agreed upon. 129 C. 232. Where trustee under trust receipt had power to sell, conditional sales contract did not inaccurately describe him as seller and, as entruster had lien not title, it did not inaccurately represent title to be in seller. Id., 446. Nor does signing by individual and acknowledgment by him on behalf of a corporation. Id., 517. Leaving blank the day of the month on which installment payments must be met is not compliance with statute. Acknowledgment of corporate signature must be certified. 137 C. 541. The failure of a contract to mention the sales tax is not such a failure to describe the condition of the sale as would make the reservation of title in the seller invalid as against an attaching creditor of the buyer. Unilateral contract does not require signature or acknowledgment of the seller. 144 C. 311. Purposes of section. Liberally construed toward those for whose protection it was enacted. 146 C. 64. Provides unequivocally that all of the conditions shall be expressed in writing. Id.
Creditors may attack a conditional sale not complying with statute notwithstanding that they had actual notice. 1 CS 123. Taking of possession essential to a sale. Id., 160. Substitution of original conditional bill of sale for another not complying with statute renders latter a chattel mortgage in form. 2 CS 32. Conditional bill of sale not executed in conformity with this section is absolute sale. 3 CS 71. Conditions under which filing time was held unreasonable. 9 CS 284. Statute protects those who may be led to believe in the apparent ownership of the vendee by indicia of ownership. 10 CS 455. There is no duty to file a so-called extension agreement purporting to modify or alter the original agreement. 11 CS 277. Not applicable to chattel mortgage. Id., 403. Acknowledgment sufficient which identifies the subscriber, specifies the writing subscribed, states the capacity in which he executed it and certifies his acknowledgment thereof. 17 CS 29.
(1958 Rev., S. 42-79): Receiver held not to be "personal representative," but rather the agent of creditors. 70 C. 228; 71 C. 366; 87 C. 369; 104 C. 568; 105 C. 586; 114 C. 71. Trustee in insolvency of conditional vendee under an unrecorded contract takes an absolute title; his actual knowledge of the terms of sale is immaterial. 70 C. 324. Cited. 72 C. 509. If bill of sale not recorded, sale is absolute as to trustee in bankruptcy of vendee; right of one who purchases from him. 75 C. 635. Purpose of provision; who may attack vendor's title, in absence of recording. 87 C. 369; 94 C. 569. Effect of conditional sale of mortgaged chattels with assumption of mortgage by buyer. 95 C. 181, 185. Vendee, with notice, of a conditional vendee, is not a personal representative but cannot take advantage of defects in instrument. 102 C. 393. Assignment for benefit of creditors where all but one release claims and attachments; held that they, or their committee taking assignment, are not "personal representatives" of debtor; defectively executed or recorded conditional bill of sale is unenforceable against them. 105 C. 586. Aliter if assignment is without consideration. Id. A purchaser from conditional vendee having actual or implied authority to resell is not affected by recording of such conditional sale; so in case of purchaser of automobile from retail dealer. 107 C. 366. Cited. 112 C. 615; 113 C. 481. Against subsequent vendees, failure to acknowledge renders sale absolute. Id., 542. Cited. 114 C. 515. Former statute construed. 116 C. 369. Purported conditional sale held to be chattel mortgage in effect. Id., 487. Trust receipt compared with conditional sale, chattel mortgage and consignment. Id., 490. Statutes do not render invalid as between the parties defectively executed conditional sale contracts. 117 C. 460. Cited. 120 C. 53. Where acknowledgment is incorrect on its face, creditor or purchaser is justified in dealing with article as property of the vendee. 123 C. 445. Not necessary to show reliance on apparent ownership of car to take advantage of defective bill of sale. 127 C. 199. Cited. 129 C. 517. Failure to state date of installment payments and improper acknowledgment, render sale absolute as to creditors of vendee. 137 C. 541. Parties are competent to agree that fixtures are to remain personalty as between themselves even though the system might be in all other aspects a permanent part of the real estate. 144 C. 499.
Cited. 1 CS 108. Where plaintiff's conditional vendors failed to repossess the property, creditors were entitled to attach and replevy. Id., 123. Cited. 3 CS 71. Greenhouse held part of land and could not be removed. 4 CS 56. An attaching creditor may attach property sold under an unfiled conditional bill of sale notwithstanding that he has actual knowledge of it and its terms. 9 CS 284. Oil burner sold under contract of conditional sale, which was installed in furnace, was held not to be a fixture. 10 CS 455. No comparable statute providing for chattel mortgages. Id., 403. Cited. 11 CS 277. Cited. 17 CS 29.
Annotation to present section:
Cited. 4 CA 58.
