State Bank of Piper City v. A-Way, Inc.

After debtor Brenner defaulted on his loan from the Bank (plaintiff), secured by his grain, the Bank obtained judgment and mistakenly believed A-Way's (defendant) ledger entry of 5,141.20 bushels represented the grain's dollar value, securing a court order for A-Way to pay that amount; A-Way actually sold the grain for $11,310.64, remitted only the mistaken amount to the Bank, and applied the remainder to Brenner's account, and when the Bank later discovered the error, it sued A-Way under UCC Article 9 for the remaining proceeds, but the trial court dismissed on merger and res judicata grounds.