Liebmann v. Fidelity Bank, N. A.

BRIGHTMIRE, Judge.

Was the summary adjudication favoring defendant in this damage suit legally warranted? We hold it was not and reverse.

I

The plaintiffs consist of Paul Lieb-mann, II, and his three children. In a petition filed December 12, 1977, they allege that Blue Star Ice Co. borrowed $17,500 from defendant, Fidelity Bank, N. A. on February 15, 1974. The loan was secured by various items of personal property and a guaranty executed by Liebmann, II. On September 18, 1974, the bank also required Liebmann, II, to execute a considerationless collateral agreement as additional security for the…