El Paso County Bank v. Charles R. Milisen & Co.

KIRSHBAUM, Judge.

Plaintiff, El Paso County Bank, appeals from the judgment of the trial court granting a motion for summary judgment filed by defendant Charles R. Milisen & Company, Inc., and denying plaintiff’s motion for summary judgment. We reverse.

The material facts are undisputed. On April 12, 1978, Monument Concrete Company, Inc., executed a promissory note in favor of the bank for a sum which at all times pertinent hereto was in excess of $45,000. The debt was secured by a security agreement and financing statement covering all accounts receivable of Monument. The bank’s security…