EL-CE STORMS TRUST v. SVETAHOR

No. 85-591.

724 P.2d 704 (1986)

EL-CE STORMS TRUST, Cecil H. Storms and Elsie S. Storms, Plaintiffs and Respondents, v. Paul Allen SVETAHOR and Ann Gail Svetahor, Defendants and Appellants.

Supreme Court of Montana.

Decided August 28, 1986.


Attorney(s) appearing for the Case

Sverdrup & Spencer, Scott Spencer, Libby, for defendants and appellants.

Hedman, Hileman & Lacosta, Donald E. Hedman, Whitefish, for plaintiffs and respondents.


TURNAGE, Chief Justice.

This is an appeal from a judgment entered in the Nineteenth Judicial District, in and for the County of Lincoln. Cecil Storms, as trustee of El-Ce Storms Trust, brought suit on a contract and promissory note executed by Paul and Ann Svetahor in favor of El-Ce Storms Trust. Paul was unable to be served; however, Ann answered the complaint and set up the affirmative defense of discharge for failure to adequately protect the collateral. After...

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