Bryan v. Central Bank & Trust Co.

OPINION

McDonald, Chief Judge.

This is an appeal by defendant Bryan from a summary judgment for plaintiff bank, in a suit on a note.

Plaintiff bank sued defendant Bryan and Guy Gardner for unpaid balance (plus interest and attorneys’ fees) on a note secured by chattel mortgage on cattle, executed by Bryan to Gardner, and assigned by Gardner to plaintiff Bank. Defendant filed answer and cross-action seeking damages against plaintiff, alleging fraudulent representations by plaintiff concerning the cattle of which the note represented purchase price.

Plaintiff moved for summary judgment supported by…