Firstar Eagan Bank, N.A. v. Marquette Bank Minneapolis, N.A.

OPINION

PARKER, Judge.

Firstar Eagan Bank sued Marquette Bank Minneapolis for conversion and wrongful dishonor of a check. Both parties brought motions for summary judgment. The trial court granted summary judgment in favor of Marquette and dismissed the complaint. The court held, on the conversion claim, that Firstar’s security interest is subject to Marquette’s right of setoff in the same funds.

On appeal Firstar challenges only the trial court’s conclusion that Marquette’s right of setoff is superior to Firstar’s security interest. We reverse and remand for entry of summary judgment in favor…