Heinrichsdorff v. Raat

KIRSHBAUM, Judge.

Plaintiff, Gernot Heinrichsdorff, appeals the trial court’s summary judgments concluding that intervenor, The First National Bank of Colorado Springs (the Bank), and not Heinrichsdorff, is entitled to a sum of $5,000 on deposit with the court. We reverse.

The following undisputed facts are revealed by the record. On September 4, 1980, defendant Raat, doing business as Garden Construction and Landscape Company, executed a renewal note to the Bank in exchange for a loan of $20,000. The note was secured in part by a security agreement granting the Bank a security interest in “all…