Domain Industries, Inc. v. First Security Bank & Trust Co.

LeGRAND, Justice.

This is an action alleging defendant bank wrongfully converted a bank account upon which plaintiff claims a lien by virtue of a filed security instrument under Chapter 554, Article 9, The Code. The trial court sustained defendant’s motion to dismiss on two grounds which we discuss later. We reverse and remand the case for further proceedings.

The account was owned by Kenneth Elliott and Arlene Elliott, hereafter referred to jointly as Elliott. It should be noted no claim is made by Elliott against defendant. The dispute is between plaintiff and defendant as to which is…