BANK OF
v.
GEORGE NERU, GENERAL REPAIRS, INC. and
AMERICAN SAMOA GOVERNMENT, jointly
and severally, Defendants.
Trial
Division
CA No.
65-96
May 21,
1997
[1] The relief
afforded by T.C.R.C.P. Rule 6(a), extending the period for time computations to
the next business day when the last day falls on a Saturday, Sunday, or legal
holiday, applies to the filing period for motions for a new trial.
[2] A security
agreement can secure after acquired property.
[3] Although a
mortgage must truly describe the property secured by the mortgage, a
description is sufficient if it furnishes a reasonable basis for
identification, even though it is not specific enough to fully identify the
property by itself.
[4] Inclusion of an
erroneous serial number has no effect on the validity of a security agreement
when the property is otherwise adequately described.
Before
Counsel: For Plaintiff, Jennifer L. Joneson
For George Neru and General Repairs,
Inc., Pro Se
For Defendant
ORDER
DENYING MOTIONS FOR
RECONSIDERATION
OR NEW TRIAL
This matter involves the ownership of two
buses. Following trial, the court
held that plaintiff Bank of Hawaii ("BOH") has a valid and
enforceable security interest in one of the buses ("bus #3"), and
that defendant American Samoa Government ("ASG") owns the other bus
("bus #1) free [1ASR3d70] of
BOH's claimed security interest.
Each party now moves for reconsideration or new trial regarding the bus
which it was not awarded. The court
regularly heard the motions on May 8, 1897. Counsel for BOH and ASG were present.
Discussion
A. BOH's
Motion
BOH argues that the court should not have awarded bus #1 to ASG. We awarded bus #1 to ASG based on the
equitable doctrine of laches.
Having considered the briefs and oral arguments, we conclude that BOH's
motion for reconsideration or new trial is properly denied.
B. ASG's Motion
[1] ASG filed its motion on Monday,
April 14, 1997, the eleventh day after the court's opinion and order was
entered on April 3, 1997. BOH moves
to dismiss ASG's motion on the ground that the 10-day requirement in A.S.C.A.
§ 43.0802(a) for filing a motion for a new trial is jurisdictional. However, the Appellate Division has
recently resolved this issue by definitively holding that the relief afforded
by T.C.R.C.P. Rule 6(a), extending the period for time computations to the next
business day when the last day falls on a Saturday, Sunday, or legal holiday,
applies to the filing period for motions for a new trial. Pal Air International, Inc. v. Porter, 1 A.S.R3d 1, 1-3 (App. Div. 1997). Thus, BOH's motion to dismiss ASG's
motion must be denied.
[2] ASG argues that defendants George Neru and
General Repairs, Inc. did not have any interest in the buses at the time that
the security agreements were signed, and therefore the security agreements are
invalid. This argument is specious
at best. Of course a security
agreement can secure after acquired property. Every vehicle loan made by a bank has a
security agreement on a vehicle that is not yet owned by the buyer. The passage cited by ASG for this
assertion is dicta. The actual
holding of the case is that a mortgage in after acquired property is
valid. See McIntosh v.
ASG also argues that the incomplete description
of bus #3 precludes the attachment of the security interest. We found that ASG had actual knowledge
of the security interest, thus making the description requirements of A.S.C.A.
§ 27.1510 inapplicable. ASG argues
that the flawed description goes to the essence of the document itself,
rendering the mortgage invalid and making the actual knowledge exception in
A.S.C.A. § 27.1510 inapplicable.
We disagree. [1ASR3d71]
[3-4] Although it is true
that a mortgage must truly describe the property, we believe that a description
is sufficient if it furnishes a reasonable basis for identification, even
though it is not specific enough to fully identify the property by itself. See e.g. B.E. Witkin, 3 Summary
of
Thus, we conclude that ASG's motion for
reconsideration or new trial should also be denied.
Order
BOH's motion to dismiss ASG's motion for
reconsideration or new trial is denied.
BOH's and ASG's motions for reconsideration or new trial are also
denied.
It is so Ordered.
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