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SIGLER v. FIRST AMERICAN NAT. BANK, ETC.

No. 82-112.

325 N.W.2d 136 (1982)

Edward G. SIGLER, et al., Respondents, v. FIRST AMERICAN NATIONAL BANK OF ST. CLOUD, Appellant, John Terhaar, Respondent, Harriet Terhaar, Respondent.

Supreme Court of Minnesota.

October 29, 1982.

Attorney(s) appearing for the Case

Winthrop, Weinstine & Sexton, Steven C. Tourek and Darron C. Knutson, St. Paul, for appellant.

Schmidt & Lund and Roger Putnam Schmidt, St. Cloud, for Sigler, et al.

John Terhaar, pro se.

Ronald F. Johnson, St. Cloud, for respondents.

Considered and decided by the court en banc without oral argument.

KELLEY, Justice.

Defendant First American National Bank of St. Cloud seeks to appeal from a partial summary judgment1 in favor of plaintiffs Edward G. and Hortense Sigler in this suit to collect a promissory note and to recover converted funds. First American opposed summary judgment in the trial court by asserting the affirmative defenses of estoppel and novation. The sole issue on appeal is whether the trial court erroneously determined...

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