Boatmen's Bank of Nevada v. Dahmer

CLARK, Chief Judge.

Boatmen’s Bank sued to recover a deficiency on a note given by appellant, Greggory Dahmer, and was awarded a judgment in the amount of $94,182.48 plus interest. On this appeal, Dahmer contends the judgment should be reversed because the bank by its conduct in the repossession and sale of collateral waived its right to pursue an action for the deficiency. Reversed.

The promissory note in question was executed by Dahmer on June 26, 1984 and given to the bank as consideration for a loan. Repayment of the note was secured by the pledge of 347 head of cattle ostensibly owned at…