JOHNSON v. FARMERS & MERCHANTS STATE BANK

No. 51512.

320 N.W.2d 892 (1982)

Agnes JOHNSON, as personal representative of the Estate of Warren Johnson, deceased, Respondent, v. FARMERS AND MERCHANTS STATE BANK OF BALATON, et al., Appellants, Minnesota Mutual Life Insurance Company, Defendant.

Supreme Court of Minnesota.

Rehearing Denied August 3, 1982.


Attorney(s) appearing for the Case

Blethen, Gage, Krause, Blethen, Corcoran, Berkland & Peterson and Kelton Gage, Mankato, for appellants.

Barna, Guzy, Merrill, Hynes & Giancola, James W. Reuter and Miggie E. Cramblit, Fridley, for respondent.

Erickson, Zierke, Kuderer, Myster & Madsen and Gary G. Wollschlager, Fairmont, amicus curiae for Northwestern Nat. Life Ins. Co.

Heard, considered and decided by the court en banc.


KELLEY, Justice.

Appellants, Farmers and Merchants State Bank of Balaton (Bank), Balaton Agency, Inc. (Agency) and V. G. Schaffer (Schaffer) appeal from an order of the trial court dated June 11, 1980, denying their motion for Amended Findings of Fact, Conclusions of Law and Order for Judgment, or in the alternative, for a new trial. We affirm in part and reverse in part.

Respondent Agnes Johnson, the widow of Warren Johnson, commenced this action against...

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