Ensign v. Bank of Baker
v.
The Bank of Baker, Defendant and Appellant
Judge Ronald L. Hilden
| Appellant: | Crowley, Haughey, Hanson, Toole & Dietrich | |
| Appellee: | Hardy, Maus & Nordsven, P.C. |
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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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