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HITACHI SALES CORP. v. COML. TRUST & SAV.

No. 2-68808.

342 N.W.2d 889 (1983)

HITACHI SALES CORPORATION OF AMERICA, Plaintiff-Appellant, v. COMMERCIAL TRUST & SAVINGS BANK OF STORM LAKE, Iowa; Ryan's Musicland Ltd.; and Larry Ryan, Individually, Defendants-Appellees.

Court of Appeals of Iowa.

October 25, 1983.

Attorney(s) appearing for the Case

Steve Hamilton of Hamilton Law Firm, P.C., Storm Lake, for plaintiff-appellant.

John T. Duffy of Connell & Duffy, P.C., Storm Lake, for defendant-appellee bank.

A. Frank Baron of Baron & Wenell, Sioux City, for defendants-appellees Ryan's Musicland and Larry Ryan.

Considered by OXBERGER, C.J., and DONIELSON, SNELL, and SCHLEGEL, JJ.

OXBERGER, Chief Judge.

Plaintiff filed suit to recover collateral in which it held a security interest. In its petition, plaintiff asserted that it had delivered goods to defendant Musicland and had not been paid. The petition also contained assertions that defendant Larry Ryan had personally guaranteed payment, that the defendant bank had been tendered custody of the goods, that the bank was required to account to Hitachi...

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