SCHROCK v. CITIZENS VALLEY BANK

No. 35479; CA 16612.

621 P.2d 96 (1980)

49 Or.App. 1083

Earl SCHROCK, Respondent, v. CITIZENS VALLEY BANK, Appellant.

Court of Appeals of Oregon.

Decided December 29, 1980.

Reconsideration Denied January 29, 1981.

Review Denied February 24, 1981.


Attorney(s) appearing for the Case

Michael G. Cowgill, Albany, argued the cause for appellant. On the briefs were William E. Brickey, and Weatherford, Thompson, Brickey & Powers, P.C., Albany.

J.W. Walton, Corvallis, argued the cause for respondent. On the brief were J. Britton Conroy, and Ringo, Walton, Eves & Gardner, P.C., Corvallis.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


CAMPBELL, Judge.

Plaintiff executed two promissory notes to the defendant together with security agreements granting defendant a security interest in certain items of personal property, mostly farm equipment. Plaintiff defaulted on the notes. Defendant commenced an action for replevin, obtained immediate possession of the collateral, and proceeded to sell it by public auction. Plaintiff thereafter brought this action to recover damages sustained by defendant's alleged...

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