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FIRST NAT. BANK v. BURGESS

No. 18001.

798 P.2d 472 (1990)

118 Idaho 627

The FIRST NATIONAL BANK OF NORTH IDAHO, N.A., a national banking association, Plaintiff-Respondent, v. Thomas F. BURGESS, and if married, Jane Doe Burgess, husband and wife, Defendant-Appellant.

Court of Appeals of Idaho.

September 27, 1990.

Attorney(s) appearing for the Case

Appleton & Phillips, Coeur d'Alene, for defendant-appellant. William Appleton, argued.

Witherspoon, Kelley, Davenport & Toole, Coeur d'Alene, for plaintiff-respondent. Edward J. Anson, argued.

WINMILL, Judge, Pro Tem.

This is an appeal from a decision of the district court granting summary judgment to First National Bank of North Idaho, N.A., in its action to foreclose three mortgages on property owned by the defendant, Thomas F. Burgess. In granting summary judgment, the court rejected Burgess's sole defense that he was discharged from liability on the notes secured by the mortgages because of the Bank's impairment of collateral. Burgess challenges this...

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