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FARMERS & MERCHANTS BANK & TRUST v. JENNINGS

No. 11670.

241 N.W.2d 715 (1976)

FARMERS & MERCHANTS BANK AND TRUST COMPANY, Plaintiff and Respondent, v. Eiffel JENNINGS, Defendant and Appellant.

Supreme Court of South Dakota.

May 13, 1976.

Attorney(s) appearing for the Case

Carlyle E. Richards of Ronayne & Richards, Aberdeen, for plaintiff and respondent.

Harvey C. Jewett of Siegel, Barnett, Schutz, O'Keefe & Ogborn, Aberdeen, for defendant and appellant.

HECK, Circuit Judge.

This case was submitted to the trial court on a stipulation of facts which are hereafter summarized.

Judy and Richard Ottum, when purchasing an automobile, obtained financing from plaintiff Farmers & Merchants Bank and Trust Company, the automobile being used as security for the loan. Subsequently, Richard Ottum and defendant Effel Jennings were involved in an automobile accident occasioned...

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