BERKSHIRE BANK v. KELLY

No. 22-AP-053.

296 A.3d 742 (2023)

2023 VT 2

BERKSHIRE BANK v. Dorothea KELLY & Thomas Kelly.

Supreme Court of Vermont.

January 13, 2023.


Attorney(s) appearing for the Case

James B. Anderson of Ryan Smith & Carbine, LTD., Rutland, for Plaintiff-Appellant.

Alexander M. Dean of Barr, Sternberg, Moss, Silver & Munson, P.C., Bennington, for Defendant-Appellee Thomas Kelly.

PRESENT: Reiber, C.J., Eaton, Carroll, Cohen and Waples, JJ.


¶ 1. Plaintiff Berkshire Bank filed this action seeking possession of funds in an investment account owned by defendant Thomas Kelly, which defendant purportedly pledged as security for a business loan to his sister Dorothea Kelly.1 The civil division granted...

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