Hammes v. First National Bank & Trust Co.

This is an appeal from a judgment and an amended judgment entered for the defendants-respondents July 17, 1975 and October 1, 1975 respectively. The latter judgment supercedes the former. Plaintiff s-appellants commenced the action in March 1970. The judgments appealed from were made upon the granting of defendants’ September 11, 1973 motion for summary judgment.

The action alleges breach of fiduciary duty and negligence by the defendants in their capacity as trustees. The precipitating event leading to this lawsuit was the sale by plaintiffs, on the advice of defendants, of certain *358shares of…