Hubbard Milling Co. v. Citizens State Bank

McGIVERIN, Justice.

This appeal arose out of an attempt by plaintiff Hubbard Milling Company (Hubbard) to enforce a security interest in certain livestock owned by LeRoy Odem who is not a party to this action. Hubbard’s claim is based on a written subordination agreement between Hubbard and defendant Citizens State Bank (bank). Defendant bank contended the subordination agreement was unenforceable due to a failure or lack of consideration between the parties. After a non-jury trial in this law action, the district court found in favor of defendant and dismissed the case. Plaintiff appealed,…