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CITIZENS STATE BANK v. DUUS

No. 11659.

459 P.2d 696 (1969)

CITIZENS STATE BANK, a Montana Banking Corporation, Plaintiff and Respondent, v. Charles H. DUUS and Inez D. Duus, his wife, Defendants and Appellants.

Supreme Court of Montana.

Submitted September 18, 1969.

Attorney(s) appearing for the Case

LaRue Smith (argued) Great Falls, for defendants-appellants.

Claude A. Johnson and Laurence W. Petersen, Hamilton, Boone & Karlberg, William T. Boone (argued), Missoula, for plaintiff-respondent.

CASTLES, Justice.

This is an appeal from two judgments, one a summary judgment foreclosing a chattel mortgage in favor of plaintiff, the other a judgment for plaintiff on defendants' cross-complaints and counterclaims after trial without a jury.

The original action was commenced on August 30, 1968 to recover on two promissory notes signed by Charles H. Duus and Inez D. Duus. The notes were dated October 20, 1965 and November 9, 1965. A chattel mortgage executed...

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