Village Bank v. Cloutier

Defendants, Leo Cloutier, Ruth Cloutier, Brian Cloutier and E. Kits Smith (hereinafter Cloutiers) appeal from an order of the Eighth Judicial District, Cascade County granting summary judgment in favor of plaintiff, Village Bank. We reverse and remand.

The sole issue we find necessary for review is:

Whether the District Court erred in granting summary judgment in favor of Village Bank.

Over ninety percent of the stock of Treasure State Bank of Glasgow, a Montana State Banking Corporation, was owned by a group of ten persons, that included James G. Edmiston, Roger W. Komder and David A. Anderson.…