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HOWICK v. BANK OF SALT LAKE

No. 12742.

498 P.2d 352 (1972)

28 Utah 2d 64

E. Keith HOWICK, Plaintiff and Respondent, v. BANK OF SALT LAKE, Defendant, Third-Party Plaintiff and Appellant, v. Richard A. ROBERTS and Roberts Merchandise Mart, a corporation, Third-Party Defendants and Respondents.

Supreme Court of Utah.

June 2, 1972.

Attorney(s) appearing for the Case

D. Gary Christian and Brent J. Moss of Kipp & Christian, Salt Lake City, for appellant.

E. Keith Howick, pro. se.

Thomas P. Vuyk, Salt Lake City, for third-party defendants and respondents.

ELLETT, Justice:

The defendant, hereafter called the bank, appeals from a summary judgment in favor of Howick.

Howick's corporate client had a certificate of deposit in the amount of $5,000 with the bank which it had pledged for a loan. The corporate client obtained temporary possession of the certificate by telling the bank it needed the certificate to show its auditor in order to make up a prospectus for stock sale purposes. Instead of returning the certificate...

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