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FRONING & DEPPE v. SOUTH STORY BANK & TRUST

No. 67139.

327 N.W.2d 214 (1982)

FRONING & DEPPE, INC., Appellee, v. SOUTH STORY BANK & TRUST CO., Appellant, v. Dan FRONING, Third-Party Defendant.

Supreme Court of Iowa.

December 22, 1982.

Attorney(s) appearing for the Case

Diane Stahle, Donald A. Wine, and John A. Templer, Jr., of Davis, Hockenberg, Wine, Brown & Koehn, Des Moines, and Donald L. Smith of Smith, Nutty, Sharp, Ruigh & Benson, Ames, for appellant.

Barry J. Nadler and D.R. Newbrough, of Hegland, Newbrough, Johnston, Brewer & Maddux, Ames, for appellee.

Considered by LeGRAND, P.J., and UHLENHOPP, HARRIS, McGIVERIN, and CARTER, JJ.

CARTER, Justice.

Defendant South Story Bank and Trust Company appeals from a summary judgment for the plaintiff on defendant's counterclaim for abuse of process.1 The plaintiff's claim against the bank is in two counts: the first count alleges a conversion by the defendant of checks drawn on plaintiff's bank account totaling $1,229,961.24 which were paid on forged endorsements; the second count alleges that negligence on the part of the...

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