Gilbert v. United National Bank

SABERS, Justice.

Frank Gilbert (Gilbert), individually, and as assignee of other’s claims, appeals from summary judgment in favor of United National Bank (UNB). For the reasons stated herein, we affirm.

Facts

The following facts are developed from substantial deposition testimony:

In 1974, Gilbert, a long time cattle buyer, began purchasing cattle for Corsica Livestock Marketing, Inc. (CLM). Under the arrangement, Gilbert would purchase cattle with his own funds for delivery to CLM. In April 1979, Gilbert received several checks as payment for cattle he previously purchased and delivered to CLM.…