Fulton National Bank v. Horn

Hill, Justice.

Sidney Horn executed a note and security agreement to the Fulton National Bank granting the bank a security interest in a vehicle. Horn got behind in his payments and the bank had his automobile repossessed. Horn recovered the car four days later and then brought this tort action against the bank for wrongful repossession without notice and wrongful retention of the vehicle. The bank’s motion for summary judgment was granted by the trial court.

The Court of Appeals initially affirmed the trial court’s order but on motion for rehearing it reversed, relying on C & S Motors, Inc. v.…