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No. 9009181
United States Court of Appeals for the Ninth Circuit
Belmont International, Inc. v. American International Shoe Co.
No. 9009181 · Decided September 3, 1992
No. 9009181·Ninth Circuit · 1992·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 3, 1992
Citation
No. 9009181
Disposition
See opinion text.
Full Opinion
ORDER The Oregon Supreme Court has answered the certified questions we posed to it. Belmont Int’l v, American Int’l Shoe, 313 Or. 112 , 831 P.2d 15 (1992). The court held that Belmont can make out a claim for money had and received provided it “shows that Bank had no security interest” in the disputed funds. Id. 831 P.2d at 22 . A security interest will not arise in funds that Belmont can show were deposited after the Bank had “actual knowledge of the consignment relationship.” Id. at 19. Accordingly, we reverse the district court’s dismissal of plaintiff’s complaint and remand this case for further proceedings consistent with the Oregon Supreme Court’s opinion.
Plain English Summary
ORDER The Oregon Supreme Court has answered the certified questions we posed to it.
Key Points
01ORDER The Oregon Supreme Court has answered the certified questions we posed to it.
02The court held that Belmont can make out a claim for money had and received provided it “shows that Bank had no security interest” in the disputed funds.
03A security interest will not arise in funds that Belmont can show were deposited after the Bank had “actual knowledge of the consignment relationship.” Id.
04Accordingly, we reverse the district court’s dismissal of plaintiff’s complaint and remand this case for further proceedings consistent with the Oregon Supreme Court’s opinion.
Frequently Asked Questions
ORDER The Oregon Supreme Court has answered the certified questions we posed to it.
FlawCheck shows no negative treatment for Belmont International, Inc. v. American International Shoe Co. in the current circuit citation data.
This case was decided on September 3, 1992.
Use the citation No. 9009181 and verify it against the official reporter before filing.