SECURITY STATE BANK v. BENNING

Nos. 15996, 16001.

433 N.W.2d 232 (1988)

SECURITY STATE BANK, a corporation, now known as Farmers and Merchants Bank, Doland, South Dakota, Plaintiff and Appellant, v. Stuart BENNING, Doyle Harms, Lyle Levtzow and Gayle Levtzow, dba Levtzow Bros., Defendants, Third-Party Plaintiffs, Appellees and Cross-Appellants. v. Dennis L. LAU, Third-Party Defendant.

Supreme Court of South Dakota.

Decided December 7, 1988.


Attorney(s) appearing for the Case

Douglas E. Kludt of Churchill, Manolis, Freeman and Kludt, Huron, for plaintiff and appellant.

Gale E. Fisher of Fisher & Hughes, Sioux Falls, for appellees and cross-appellants.


MORGAN, Justice.

These consolidated actions were commenced by Security State Bank (Bank) against Stuart Benning, Doyle Harms and Lyle and Gayle Levtzow, dba Levtzow Brothers (Buyers), to recover the value of corn sold to Buyers by Dennis Lau (Lau), which corn was subject to a security interest held by Bank. On motion by Bank,1 the trial court granted partial summary judgment to Bank on the issue...

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