CONSUMER GOODS-HOUSEHOLD GOODS OR EFFECTS
CONSUMER GOODS - HOUSEHOLD GOODS OR EFFECTS CASE LAW EXCERPTS:
NOTE: Some excerpts below are notes summarizing a point in the case.
"A carriage is peculiarly a family or household article. It contributes in a large degree to the health, convenience, comfort, and welfare of the householder or of the family." Arthur v Morgan, 113 U.S. 495, 500, 5 S.Ct. 241, 243 S.D. NY 1884).
"The Supreme Court, in Arthur v. Morgan , 112 U.S. 495, 5 S . Ct . 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of." Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).
"Under UCC 9-109 there is a real distinction between goods purchased for personal use and those purchased for business use. The two are mutually exclusive and the principal use to which the property is put should be considered as determinative." James Talcott, Inc. v Gee, 5 UCC Rep Serv 1028; 266 Cal.App.2d 384, 72 Cal.Rptr. 168 (1968).
"And section 9109 <<UCC § 9-109>>, in classifying goods, provides: ‘Goods are (1) ‘consumer goods' if they are used or bought for use primarily for personal, family or household purposes;" James Talcott, Inc. v Gee, 5 UCC Rep Serv 1028; 266 Cal.App.2d 384, 72 Cal.Rptr. 168 (1968).
"The definition of 'goods' includes an automobile." this is a Note from the case: Henson v Government Employees Finance & Industrial Loan Corp., 15 UCC Rep Serv 1137; 257 Ark 273, 516 S.W.2d 1 (1974).
"The classification of "goods'' under [UCC] 9-109 is a question of fact." Morgan County Feeders, Inc. v McCormick, 18 UCC Rep Serv 2d 632; 836 P.2d 1051 (Colo. App., 1992).
"The classification of goods in UCC 9-109 are mutually exclusive." McFadden v Mercantile-Safe Deposit & Trust Co., 8 UCC Rep Serv 766; 260 Md 601, 273 A.2d 198 (1971).
"Automobile purchased for the purpose of transporting buyer to and from his place of employment was 'consumer goods' as defined in UCC 9-109." Mallicoat v Volunteer Finance & Loan Corp., 3 UCC Rep Serv 1035; 415 S.W.2d 347 (Tenn. App., 1966). Case Note found on page 3 In Westlaw pdf
“Since original purchaser of automobile bought it for personal family or household purposes, the automobile would be classified as “consumer goods”. RSA 382-A:9-109.” National Shawmut Bank of Boston v. Jones, 108 N.H. 386 (1967), 236 A.2d 484, 4 UCC Rep.Serv. 1021
"Since Wever purchased for personal, family or household purposes, the Dart is classified as consumer goods. RSA 382-A.:9-109." National Shawmut Bank of Boston v. Jones, 108 N.H. 386 (1967), 236 A.2d 484, 4 UCC Rep.Serv. 1021 found on page 2
“We do note, however, that a recognized legal dictionary defines “personal effects” so as to include automobiles,19 and we have so used the term in several of our opinions.20 Certainly, the presence of the words “personal effects” and “furniture” in section 535(2) does not suggest a narrow construction for their companion phrase there “household goods.” It appears to us that, taken together, section 535(2) 's reference to “household goods, furniture, or personal effects” is intended to embrace a broad category of tangible personal property held by military personnel for their personal use, as opposed to for business or investment use.21 In this context, it is entirely appropriate to follow Arthur and Hillhouse and conclude that a soldier's personal automobile is part of his “household goods” for purposes of section 535(2).22 We hold a soldier's personal automobile, such as McNeely's Camaro, is within the Act's coverage of “household goods, furniture, or personal effects.” ” U.S. v. Bomar, 8 F.3d 226 (5th Cir. COA 1993)
“We are here first concerned with the constitutional safeguards designed to protect individuals from prohibited unreasonable searches and seizures of their ‘persons, houses, papers and effects.’ The term ‘effects' is broad enough in scope to include automobiles or books which might be transported therein. The Fourth Amendment is sufficiently broad to afford protection to all property, even though it may be contraband of any type or obscene in nature, against unreasonable searches and seizures.” U.S. v. Peisner, 311 F.2d 94 (4th Cir. COA 1962)
"automobiles are “effects” and thus within the reach of the Fourth Amendment, Cady v. Dombrowski, 413 U.S. 433, 439, 93 S.Ct. 2523, 2527, 37 L.Ed.2d 706 (1973)" South Dakota v. Opperman, 428 U.S. 364 (1976)
CASE CITATIONS:
1. Arthur v Morgan, 113 U.S. 495, 500, 5 S.Ct. 241, 243 S.D. NY (1884)
2. Hillhouse v United States, 152 F. 163 (2nd Cir. COA 1907)
3. Henson v. Government Emp. Finance & Indus. Loan Corp., 257 Ark. 273 (1974)
4. James Talcott, Inc. v. Gee, 266 Cal.App.2d 384 (1968)
5. Mallicoat v. Volunteer Finance & Loan Corp., 57 Tenn.App. 106 (1966)
6. McFadden v Mercantile-Safe Deposit And Trust Co., 260 Md. 601 (1971)
7. Morgan County Feeders, Inc. v. McCormick, 836 P.2d 1051 (1992)
8. National Shawmut Bank of Boston v. Jones, 108 N.H. 386 (1967)
9. U.S. v. Bomar, 8 F.3d 226 (5th Cir. COA 1993)
10. U.S. v. Peisner, 311 F.2d 94 (4th Cir. COA 1962)
11. Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973)
12. South Dakota v. Opperman, 428 U.S. 364 (1976)
LEGAL DEFINITIONS:
Consumer. One who consumes. Individuals who purchase, use, maintain, and dispose of products or services. Users of the final product. A member of that broad class of people who are affected by pricing policies, financing practices, quality of goods and services, credit reporting, debt collection, and other trade practices for which state and federal consumer protection laws are enacted. Consumers are to be distinguished from manufacturers (who produce goods), and wholesalers or retailers (who sell goods). See also Purchaser. A buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against warrantor (or service contractor) the obligations of the warranty (or service contract). 15 U.S.C.A. § 2301. Black's Law Dictionary 6th Ed. page 316
Consumer. A person who buys good or services for personal, family, or household use, with no intention of resale; a natural person who uses products for personal rather than business purposes. [Cases: Consumer Protection West 1. C.J.S. Credit Reporting Agencies; Consumer protection § 23.] Black's Law Dictionary 8th Ed. page 335
Consumer goods. See goods. Black's Law Dictionary 8th Ed. page 335
Consumer goods. Goods bought or used primarily for personal, family, or household purposes, and not for resale or producing other goods. UCC § 9-102(a)(23). [Cases: Secured transactions Westlaw 14. C.J.S. Secured Transactions § 14.] Black's Law Dictionary 8th Ed. page 714
Consumer goods. Goods which are used or bought for use primarily for personal, family, or household purposes. U.C.C. § 9-109(1). Such goods are not intended for resale or further use in production of other products. Contrasted with capital goods. See also consumer product. Black's Law Dictionary 5th Edition 287
Commercial use. The term implies use in connection with or for furtherance of a profit-making enterprise. Roberts Enterprises, Inc. v. Secretary or Transp., 237 Kan. 276, 699 P.2d 479 483. Black's Law Dictionary 6th Edition page 271
Household. adj, Belonging to the house and family; domestic. Black's Law Dictionary 8th Ed. page 756
