(Download) "Foothill Ind. Bank v. Mikkelson" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: Foothill Ind. Bank v. Mikkelson
- Author : Supreme Court of Wyoming
- Release Date : January 03, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Foothill Industrial Bank appeals from judgment of the district court of Campbell County, Wyoming, awarding $2,500.00 compensatory and $500.00 punitive damages to Thomas and Kaye Mikkelson. The action grew out of the publication on December 6, 1979, of a notice of real estate mortgage foreclosure sale, in which Foothill claimed default by the Mikkelsons in the covenants of a mortgage delivered as security for a loan. On November 28, the Mikkelsons had filed suit to enjoin the foreclosure and only the one publication was made. On December 20, the Mikkelsons filed the present action seeking damages for alleged abuse of process and libel. The Mikkelsons base their right of recovery on allegations that there was no default, the notice was false, and the proceedings were instituted for a malicious purpose, therefore constituting both abuse of process and libel, with resulting injury. Foothills position is that there were defaults justifying foreclosure and that in any event a privileged situation existed with no showing of actual malice. It also asserts the right to proceed with the foreclosure. Although implicitly finding that the Mikkelsons had failed to comply with some of the covenants of the security instruments, the trial court found that "[t]here was no default on which a foreclosure could be based," entered judgment for the plaintiffs and denied the banks prayer for foreclosure.