Phillips v. Loberg

Defendant Garnett Loberg appeals from an order granting summary judgment in favor of the plaintiff. Loberg contends that res judicata or collateral estoppel should not be applied to bar certain of his defenses. We agree,

Georgia McIntyre, third party defendant, borrowed $9,000 from the plaintiff, James Phillips, on March 29, 1976, executing a promissory note with a maturity date of July 1, 1976. As security for the loan, McIntyre delivered the title of a 1968 Mack logging truck to Phillips and advised him that she would repay the loan when she sold the truck and an accompanying Peerless…