FIRST STATE BANK v. MOEN ENTERPRISES

Civ. Nos. 940168 to 940174.

529 N.W.2d 887 (1995)

FIRST STATE BANK, Plaintiff and Appellee, v. MOEN ENTERPRISES, a Partnership; Michael Moen, Individually, and as a Partner of Moen Enterprises; and Robert Moen, Individually, and as a Partner of Moen Enterprises, Defendants and Appellants. FIRST STATE BANK, Plaintiff and Appellee, v. Michael D. MOEN and Robert J. Moen, Individually, and doing business as Moen Enterprises, a Partnership, Defendants and Appellants, Shirley I. Moen, Farmers Oil Company, and All Persons Unknown, Claiming Any Estate or Interest in or Lien or Encumbrance Upon the Real Estate Described in the Complaint, Defendants. FIRST STATE BANK, Plaintiff and Appellee, v. C & T FARMS PARTNERSHIP; Charles E. Moen, Individually, and as a Partner of C & T Farms Partnership; and Timothy S. Moen, Individually, and as a Partner of C & T Farms Partnership, Defendants and Appellants. FIRST STATE BANK, Plaintiff and Appellee, v. Charles E. MOEN and Timothy S. Moen, Individually, and doing business as C & T Farms, a Partnership, Defendants and Appellants, and All Persons Unknown and Claiming Any Estate or Interest in or Lien or Encumbrance Upon the Real Estate Described in the Complaint, Defendants. FIRST STATE BANK, Plaintiff and Appellee. v. P & J FARMS; Jeffrey C. Moen, Individually, and as a Partner of P & J Farms; and Paul F. Moen, Individually, and as a Partner of P & J Farms, Defendants and Appellants. FIRST STATE BANK, Plaintiff and Appellee, v. Paul F. MOEN and Jeffrey C. Moen, Individually, and doing business as P & J Farms, a Partnership, Defendants and Appellants, and All Persons Unknown, Claiming Any Estate or Interest in or Lien or Encumbrance Upon the Real Estate Described in the Complaint, Defendants. C & T FARMS PARTNERSHIP; Charles E. Moen as an Individual and a Partner in C & T Farms Partnership, Timothy S. Moen as an Individual and a Partner in C & T Farms Partnership, Moen Enterprises, Michael Moen as an Individual and a Partner of Moen Enterprises, Robert Moen as an Individual and a Partner of Moen Enterprises, P & J Farms, Jeffrey C. Moen as an Individual and a Partner in P & J Farms, and Paul F. Moen as an Individual and a Partner in P & J Farms, Defendants and Appellants, v. FIRST STATE BANK, Defendant and Appellee.

Supreme Court of North Dakota.

April 13, 1995.


Attorney(s) appearing for the Case

John S. Foster, Vaaler, Warcup, Woutat, Zimney & Foster, Grand Forks, for plaintiff, defendant and appellee.

J. Philip Johnson (argued), Wold Johnson, P.C., and Kip Kaler (appearance), Kaler Law Office, Fargo, for defendants, plaintiffs and appellants.


SANDSTROM, Justice.

Charles Moen, Timothy Moen, Michael Moen, Robert Moen, Jeffrey Moen, Paul Moen, C & T Farms Partnership, Moen Enterprises, and P & J Farms (the Moens) appeal from district court judgments in favor of First State Bank (the Bank) foreclosing various mortgages and security interests, awarding monetary damages on personal guaranties, dismissing the Moens' counterclaims for fraud, breach of contract...

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