Ensign v. Bank of Baker

20030234 Gene Ensign, Plaintiff and Appellee
v.
The Bank of Baker, Defendant and Appellant

Appeal from: District Court, Southwest Judicial District, Bowman County
Judge Ronald L. Hilden
Nature of Action: Contracts
Counsel:
Appellant: Crowley, Haughey, Hanson, Toole & Dietrich
Appellee: Hardy, Maus & Nordsven, P.C.
Term: 12/2003   Argument: 12/09/2003  10:45am
ND cite: 2004 ND 56
NW cite: 676 N.W.2d 786

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Issues: Appellant's Statement of the Issues:
1. Did the District Court have personal jurisdiction over the Bank or in rem jurisdiction over the check which is at dispute?
2. Did the District Court commit reversible error in denying the Bank's motion for summary judgment and in determining that Ensign had a valid, perfected agricultural lien which was superior to the Bank's prior perfected security interest?
3. Did the District Court commit reversible error in entering a money judgment against the Bank?
4. Did the District Court commit reversible error in entering summary judgment in favor of Ensign on causes of action which were not included in the Complaint, which were not properly added to the Complaint, which were not even alleged and for which no proof was offered?
5. If Ensign has a lien on the bison which is superior to the Bank's security interest and is entitled to a money judgment against the Bank, did the District Court nevertheless commit reversible error in entering summary judgment when there are material questions of fact regarding Ensign's failure to mitigate damages and the amount of Ensign's lien?

Reply Brief Issues
ISSUE 1:The District Court erred in finding that it had jurisdiction over the check and the Bank.
ISSUE 2:The District Court committed reversible error in denying the Bank's motion for summary judgment and in determining that Ensign had a valid, perfected agricultural lien which was superior to the Bank's prior perfected security interest.
ISSUE 3:The District Court committed reversible error in entering a money judgment against the Bank.
ISSUE 4:The District Court committed reversible error in entering summary judgment in favor of Ensign on causes of action which were not included in the Complaint, which were not properly added to the Complaint, which were not even alleged and for which no proof was offered.

Appellee's Statement of the Issues:
1. Did the North Dakota Court have jurisdiction over The Bank of Baker in this case?
2. Did Gene Ensign have a first priority agricultural supplier's lien on the Lewis bison superior to the security interest of The Bank of Baker?
3. Did the Trial Court properly enter a money judgment against The Bank of Baker?

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Docket entries:
108/11/2003 NOTICE OF APPEAL: 08/08/2003
208/29/2003 RECORD ON APPEAL
309/16/2003 APPELLANT BRIEF
409/16/2003 APPELLANT APPENDIX
509/17/2003 DISK - ATB
610/15/2003 APPELLEE BRIEF
710/20/2003 DISK - AEB (e-mailed)
810/21/2003 Corrected Table of Authorities and Page 11 for AEB
911/03/2003 REPLY BRIEF
1011/04/2003 DISK - RYB
1112/09/2003 APPEARANCES: Garth H. Sjue; Michael J. Maus
1212/09/2003 ARGUED: Sjue; Maus (Vol. Y; Page 181)
1312/09/2003 ORAL ARGUMENT WEBCAST
1403/23/2004 DISPOSITION: OR/JUD VACATED, REMANDED
1503/23/2004 UNANIMOUS OPINION: Sandstrom, Dale V.
1603/23/2004 Costs on appeal taxed in favor of appellant
1703/25/2004 Judgment Mailed to Parties
1804/20/2004 MANDATE
1904/22/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2011/16/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/30/2014