AgMax, Inc. v. Countrymark Cooperative, Inc.
Indiana Court of Appeals
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
- Dotlich v. DotlichIndiana Court of Appeals · 1985
- Trans World Airlines, Inc. v. Howard R. HughesCourt of Appeals for the Second Circuit · 1975
- Browning v. WaltersIndiana Court of Appeals · 1993
- Midland-Guardian Co. v. United Consumers Club, Inc.Indiana Court of Appeals · 1986
- State v. Everett HolderIndiana Supreme Court · 1973
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3Cited by13 opinions
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- Halsey v. SmeltzerIndiana Court of Appeals · 2000
- Ashbaugh v. HorvathIndiana Court of Appeals · 2007
- North Pointe Insurance v. StewardMichigan Court of Appeals · 2005
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