Tri State Bank of East Dubuque v. Colby

Plaintiff, Tri State Bank of East Dubuque, brought this action against defendants, Bradford L. Colby and Julia M. Colby, to recover on two notes which were in default. Defendants counterclaimed for the wrongful conversion of their savings account. The trial court granted summary judgment for plaintiff, awarding it $35,847.01 as principal and interest on the two notes. The court also dismissed defendants’ counterclaim and awarded plaintiff attorney fees in the amount of $2,100. Defendants then brought this appeal.

The pleadings, depositions and affidavits contained in the record reveal the…