First National Bank of Layton v. Egbert

DURHAM, Justice:

This is an action by the respondent First National Bank of Layton (hereafter “FNB”) to collect on a series of notes which represent monies loaned to the defendant Scott Egbert. The appellants Mack and Cora Egbert, the parents of Scott Egbert, were cosigners on two of Scott’s notes. Mack and Cora Egbert appeal from the trial court’s granting of summary judgment in favor of FNB. We reverse.

On September 30, 1975, Scott Egbert signed, and Mack Egbert cosigned, the first promissory note in favor of FNB in the amount of $9,171.60. This note was secured by Scott’s 1976 Ford pickup…