Hettinger v. Farmers & Merchants Savings Bank

HAYDEN, Judge.

The plaintiff, Alfred Hettinger, appeals the district court’s granting of defendant Bank’s motion for summary judgment after the court determined plaintiff's claims were compulsory counterclaims to a previous action filed by the Bank and were therefore barred in the current action. We affirm.

I

In May, 1981, the plaintiffs signed a loan guaranty agreement with the defendant, Farmers & Merchants Savings Bank of Manchester, which guaranteed a loan the Bank had with David Zirtzman. Zirtzman had given the Bank a security interest in other property to secure the loan. The Bank later…