Stockman Bank of Montana v. AGSCO, Inc., et al.
Docket No. 20060174
Oral Argument:
Wednesday, November 8, 2006 10:45am
Docket Info
- Title
- Stockman Bank of Montana, a
Montana banking corporation, Plaintiff and Appellant
v.
AGSCO, Inc., a North Dakota
corporation, Capital Harvest,
Inc., d/b/a Capital Harvest Finance
Company, a North Dakota
corporation, individually and
as agent for AGSCO, Inc., Defendants and Appellees
and
Farmers Union Oil Company of
Williston, a North Dakota
cooperative association,
MON-KOTA, Inc., a Montana
corporation, Betaseed, Inc.,
a Minnesota corporation, Central
Insurance Agency, a North
Dakota corporation, Steven D.
Cayko, a/k/a Steve Cayko, Perry
Elletson, a/k/a Perry E. Elletson,
Ron Gross, a/k/a Ronnie Gross,
Edward P. Ochs, a/k/a Eddie Ochs,
Tom Ochs, Mark Brunelle, Kelly
Brunelle, and Bill Sheldon, Defendants
and
Farmers Union Oil Company of Williston,
a North Dakota cooperative association, Third-party Plaintiff
v.
Hardy Farm, Inc., and Jim Hardy, Third-party Defendants - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 03-C-00012
Northwest Judicial District, McKenzie County
Gerald H. Rustad
2007 ND 26728 N.W.2d 142
Oral Argument
11/8/2006
Highlight
A principal and its duly authorized agent may file an agricultural supplier's lien for agricultural supplies furnished to an agricultural producer.
An agricultural supplier's lien filed as a security interest created by contract to secure money advanced or loaned for any purposes is not effective to secure a priority over crop liens.
An agricultural supplier's lien cannot be obtained or enforced unless there has been substantial compliance with the statutory requirements for the lien.
An agricultural supplier may be entitled to a lien on crops if the agricultural supplier furnishes supplies to the producer within 120 days before the lien was filed and if the supplies were applied to crops in North Dakota.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | PRIVATE PRACTICE | David James Eilertson - 05587 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/13/2006 | NOTICE OF APPEAL : 06/08/2006 | |
| 2 | 06/13/2006 | ANNOUNCED DISQUALIFICATION : Crothers, Daniel John | |
| 3 | 06/27/2006 | APPELLANT'S MOTION FOR EXTENSION OF TIME PURSUANT TO RULE 26(b) AND BRIEF IN SUPPORT | |
| 4 | 06/27/2006 | ACTION BY CLERK - Granted : 08/17/2006 | |
| 5 | 07/07/2006 | RECORD ON APPEAL (14 VOLUMES) AND SEPARATES (ENTRY NOS. 172, 175, 176) NO ENTRY FOR 461 | |
| 6 | 08/16/2006 | MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF 10,500 WORDS AND BRIEF IN SUPPORT | |
| 7 | 08/17/2006 | E-FILED MOTION (WORD LIMIT EXT ATB) | |
| 8 | 08/17/2006 | ACTION BY SUPREME COURT (GRANTED 500 WORD EXTENSION - WORD LIMIT ATB) - Granted | |
| 9 | 08/17/2006 | APPELLANT BRIEF | View |
| 10 | 08/17/2006 | APPELLANT APPENDIX (2 volumes in black binders) | |
| 11 | 08/18/2006 | DISK - atb | |
| 12 | 08/18/2006 | Affidavit of Service of ATB by mail on 8/17/06 | |
| 13 | 09/12/2006 | MOT. EXT/TIME APPELLEE BRIEF, Brief in Support, & Affidavit in Support | |
| 14 | 09/12/2006 | ACTION BY CHIEF DEPUTY CLERK - Granted : 10/02/2006 | |
| 15 | 09/26/2006 | Appellee AGSCO's Mot/Leave/File/AEB/Excess/Words & Aff/Support | |
| 16 | 09/26/2006 | ACTION BY CHIEF JUSTICE (500 add'l words for AGSCO's AEB) - Granted | |
| 17 | 10/02/2006 | APPELLEE BRIEF (AGSCO) (PDF) | View |
| 18 | 10/02/2006 | E-FILED BRIEF (AEB) | |
| 19 | 10/02/2006 | APPELLEE APPENDIX | |
| 20 | 10/02/2006 | E-FILED APPENDIX (AEA) | |
| 21 | 10/05/2006 | Received $47 surcharge for AEB & AEA | |
| 22 | 10/06/2006 | Received remaining $1.50 surcharge for AEB & AEA | |
| 23 | 10/09/2006 | Letter dtd 10-6-06 from Dennis E. Johnson re not intending to appear & to take him off mailing list | |
| 24 | 10/10/2006 | Rec'd 7 cc of ATB from Central Duplicating Services | |
| 25 | 10/10/2006 | Rec'd 6 cc of ATA from Central Duplicating Services | |
| 26 | 10/17/2006 | REPLY BRIEF | View |
| 27 | 10/18/2006 | DISK of RYB | |
| 28 | 10/24/2006 | SITTING WITH THE COURT : Wefald, Robert O. | |
| 29 | 11/08/2006 | APPEARANCES: Garth H. Sjue, Garth Kallevig w/ Stockman's Bank; John S. Foster, Tracy A. Kennedy | |
| 30 | 11/08/2006 | ARGUED: Sjue; Foster | |
| 31 | 11/08/2006 | ORAL ARGUMENT WEBCAST | |
| 32 | 02/28/2007 | DISPOSITION (remanded) | |
| 33 | 02/28/2007 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 34 | 02/28/2007 | At Court's direction, no costs and disbursements will be taxed in this appeal | |
| 35 | 03/01/2007 | Order/Judgment Mailed to Parties | |
| 36 | 03/14/2007 | David J. Eilertson is now substitute counsel for Appellees AGSCO, INC and Capital Harvest replacing | |
| 37 | 03/14/2007 | John S. Foster & Tracy Ann Kennedy dated March 9, 2007 | |
| 38 | 03/14/2007 | PETITION FOR REHEARING - Appellees | View |
| 39 | 03/14/2007 | PETITION FOR REHEARING - Appellant | View |
| 40 | 03/14/2007 | E-FILED BRIEF (PER AE) | |
| 41 | 03/14/2007 | E-FILED BRIEF (PER AT) | |
| 42 | 03/15/2007 | Made copies of PER - AE | |
| 43 | 03/15/2007 | Made copies of PER - AT | |
| 44 | 03/26/2007 | ACTION BY SUPREME COURT (Appellees' Petition for Rehearing) - Denied | |
| 45 | 03/26/2007 | ACTION BY SUPREME COURT (Appellant's Petition for Rehearing) - Denied | |
| 46 | 04/05/2007 | MANDATE | |
| 47 | 04/13/2007 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 48 | 10/13/2016 | EXPUNGED - Nonpermanent record items destroyed |