Legal Opinion

AgMax, Inc. v. Countrymark Cooperative, Inc.

Indiana Court of Appeals

Decided February 28, 1996No. 54A05-9504-CV-152PublishedCited by 13 opinions

1Opinion of the Court

NAJAM, Judge.

STATEMENT OF THE CASE

AgMax, Ine. (“AgMax”) appeals from the trial court order that assessed, as a cost, the fee for a letter of credit provided by Indiana Farm Bureau Cooperative Association, Inc. (“Farm Bureau”) to secure a stay of proceedings pending appeal. Farm Bureau prevailed on appeal and then sought to recover from AgMax the $50,000.00 bank charge it had paid for the letter of credit. 1

We reverse.

ISSUE

The sole issue presented is whether the bank fee for a letter of credit given to secure a stay of proceedings pending appeal is chargeable as a cost against the…

2Cases cited15 opinions

  1. Dotlich v. DotlichIndiana Court of Appeals · 1985
  2. Trans World Airlines, Inc. v. Howard R. HughesCourt of Appeals for the Second Circuit · 1975
  3. Browning v. WaltersIndiana Court of Appeals · 1993
  4. Midland-Guardian Co. v. United Consumers Club, Inc.Indiana Court of Appeals · 1986
  5. State v. Everett HolderIndiana Supreme Court · 1973

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3Cited by13 opinions

  1. Van Winkle v. NashIndiana Court of Appeals · 2002
  2. Chapo v. Jefferson County Plan CommissionIndiana Court of Appeals · 2010
  3. Halsey v. SmeltzerIndiana Court of Appeals · 2000
  4. Ashbaugh v. HorvathIndiana Court of Appeals · 2007
  5. North Pointe Insurance v. StewardMichigan Court of Appeals · 2005

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