Cain v. Country Club Delicatessen of Saybrook, Inc. (1964)
Facts and holding
Source note (2026-10-18):
- Links on this page to
https://static.case.law/conn-supp/25/cases/0327-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
A receiver sold restaurant equipment and other corporate assets free of liens with the parties’ consent, retaining proceeds subject to valid interests. The court ranked the competing lenders under the then-operative Article 9: First Hartford’s properly filed, after-acquired-property security interest prevailed over the equipment financier’s deficient filing. It reserved payment pending administration expenses and accounting. Full opinion, decided July 24, 1964.
Practical limit and currentness
The opinion verifies an actual consensual receiver asset sale, not power to extinguish a nonconsenting lender’s lien. Its historical attachment, filing and fixture discussion is not a substitute for revised Article 9. Current § 42a-9-315(a)(1) generally continues a security interest through disposition unless the secured party authorizes a transfer free of it or another exception applies. Current Article 9. No comprehensive later-treatment conclusion is asserted.
See connecticut, receivership-sales, businesses-and-going-concerns.
Bounded final review (2026-10-18)
Full opinion of 25 Conn. Supp. 327 held in this review’s evidence; statute links moved to www.cga.ct.gov. The Caselaw Access Project copy was saved before the site’s robots.txt (which disallows all automated access) came to this review’s attention; it is kept as evidence only and no further automated requests were made to static.case.law. Comprehensive later treatment remains needs_verification; no citator certification is made.
Legal information, not legal advice. Verify the cited sources before acting.