Jacobs v. Northeastern Corp. , 416 Pa. 417 ( 1965 )

Dissenting Opinion by

Mr. Justice Jones:

I agree with the views expressed in the majority opinion except in one important respect. In the case at bar, the sureties did not file financing statements as defined in the Uniform Commercial Code (Act of April 6, 1953, P. L. 3, §§9-401 to 9-404, 12A P.S. §§9-401 to 9-404) and the majority of this Court now hold that such filing was not required. My reading of the language and scope of the Code convinces me that it is of such breadth as to require the filing by sureties such as those in the instant situation of such financing statements¹ and I find nothing in the Code which would exempt, specifically or otherwise, the instant sureties from filing such statements.

Accordingly, I dissent and for this reason would reverse the judgment entered in the court below.

Mr. Justice Cohen joins in this opinion.

1 See: United States v. Fleetwood & Co., 165 F. Supp. 723 (W.D. Pa. 1958).