Wis. Stat. § 409.319

Rights and title of consignee with respect to creditors and purchasers

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409.319409.319Rights and title of consignee with respect to creditors and purchasers.
409.319(1)(1)Consignee has consignor’s rights. Except as otherwise provided in sub. (2), for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer.
409.319(2)(2)Applicability of other law. For purposes of determining the rights of a creditor of a consignee, law other than this chapter determines the rights and title of a consignee while goods are in the consignee’s possession if, under this subchapter, a perfected security interest held by the consignor would have priority over the rights of the creditor.
409.319 HistoryHistory: 2001 a. 10.
Notes of Decisions
Cited in 2 cases, 2012–2012 · leading case: Arthur Glick Truck Sales, Inc. v. Stuphen East Corp.
Arthur Glick Truck Sales, Inc. v. Stuphen East Corp. (2012) nysd · cites it 3× “Law § 9-319 ; Wis. Stat. Ann. § 409.319 . Defendant contends that under these circumstances its interest in the chassis is superior to Plaintiffs for two reasons.”
Liebzeit v. FVTS Acquisition Co. (In Re Wolverine Fire Apparatus Co.) (2012) wieb · cites it 2× “Wis. Stat. § 409.319 . If the consignee is deemed the owner, then those rights pass to the trustee as property of the estate under 11 U.”
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