FARMERS STATE BANK OF VICTOR v. JOHNSON

No. 14822.

610 P.2d 1172 (1980)

FARMERS STATE BANK OF VICTOR et al., Plaintiff and Respondent, v. Harry JOHNSON et al., Cross-Complainants.

Supreme Court of Montana.

Decided May 8, 1980.


Attorney(s) appearing for the Case

Datsopoulos & MacDonald, Missoula, for cross-complainants and appellant.

Boone, Karlberg & Haddon, Missoula, for plaintiff and respondent.


HASWELL, Chief Justice.

Farmers State Bank brought this action to collect on a promissory note executed by Imperial Cattle Company (Company). In addition, the Bank asserted a claim against James and Phillis Edmiston for conversion of property in which the Bank held a security interest as security for the note. Following depositions the Bank moved for summary judgment. The Edmistons did not file affidavits or briefs in response to the motions.

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