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WESTBROOK ST. BANK v. AETNA CAS. & SUR.

No. C5-88-2005.

437 N.W.2d 738 (1989)

WESTBROOK STATE BANK, Respondent, v. AETNA CASUALTY AND SURETY COMPANY, Defendant and Third Party Plaintiff, Appellant, Robert P. Wardin, Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

April 4, 1989.

Attorney(s) appearing for the Case

Michael A. Stern, Minneapolis, for Westbrook State Bank.

Raymond L. Tahnk-Johnson, Robert E. Salmon, C.D. Knudson, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for Aetna Cas. and Sur. Co.

Robert P. Wardin, St. Paul, pro se.

Heard, considered and decided by FOLEY, P.J., and FORSBERG and MULALLY, JJ.

OPINION

FOLEY, Judge.

Aetna Casualty and Surety Company appeals from the judgment awarding respondent Westbrook State Bank damages for the depreciation to property during the pendency of a replevin action, where the property was in the possession of respondent Robert P. Wardin. We affirm.

FACTS

Westbrook had a security interest in farm machinery owned by Wardin. In June 1983, Westbrook brought an action in replevin to recover that machinery...

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