FIRST INTERSTATE BANK v. WANN

No. 88-294.

765 P.2d 749 (1988)

FIRST INTERSTATE BANK OF KALISPELL, N.A., a National Banking Association, Plaintiff and Respondent, v. Dwayne B. WANN and Kathy A. Wann, Defendants and Appellants.

Supreme Court of Montana.

Decided December 8, 1988.


Attorney(s) appearing for the Case

Warden, Christiansen, Johnson & Berg; Gary R. Christiansen, Kalispell, for defendants and appellants.

Murphy, Robinson, Heckathorn & Phillips, Steve E. Cummings, Kalispell, for plaintiff and respondent.


GULBRANDSON, Justice.

Defendants appeal from the grant of plaintiff's motion for summary judgment and the subsequent judgment against the defendant in the amount of $10,262.45 entered by the District Court of the Eleventh Judicial District, Flathead County, Montana. We affirm the judgment.

The sole issue upon appeal is whether the plaintiff, as holder of a promissory note secured by a junior trust indenture, is barred from recovery upon the note after the...

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