Merrimack Mutual Fire Insurance Co. v. Allied Fairbanks Bank

OPINION

ROBERTSON, Justice.

Appellant, Merrimack Mutual Fire Insurance Co., challenges the trial court’s reformation of a deed of trust and a promissory note. Because appellant was not a party nor a third party beneficiary of these contracts, we hold that appellant has no standing to contest the trial court’s judgment which granted reformation. We affirm the judgment of the court below.

In 1972, Rex N. Smuts and K.W. McDowell executed several notes with appellee, Allied Fairbanks Bank, for the purpose of financing the construction of houses. In 1973, Smuts and McDowell defaulted on the notes. As…