News

2/7/2007 - Bank Obtains Summary Judgment

TROY--The First National Bank of Brundidge has been dismissed from a civil suit contending it should pay for the feeding of pigs it repossessed after the debtor, Mr. Hogg, defaulted on a loan.  Larry McDaniel contended he had an oral contract with Mr. Hogg for the feeding of the pigs that required the bank to reimuburse him.  Judge Brady E. Mendheim, Jr., acting Circuit Judge for Pike County, entered summary judgment for the bank stating: "There was no evidence of any contract between the parties or of any negligence by the Defendant toward the Plaintiffs.  The evidence is that the Defendant was acting pursuant to lawful authority conferred by the Bankruptcy Court and federal law."  Dennis R. Bailey and Bethany L. Bolger of Rushton, Stakely, Johnston & Garrett, P.A. represented the bank along with Joe Faulk of Troy.  McDaniel v. First National Bank of Brundidge, CV. 2001-246 (Pike County, Alabama).

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