United States Eighth Circuit

In a suit for failure to perform under a collateral transfer agreement, summary judgment for defendant is reversed and remanded where the suit is not barred by Minnesota's credit-agreement statute of frauds since, although the collateral transfer agreement was an agreement to make a financial accommodation and therefore a credit agreement, plaintiff was not a debtor with respect to the agreement.

Appellate Information

• Decided 01/23/2009
• Published 01/23/2009

Judges

• BENTON, Circuit Judge., Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark J. Kallenbach, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Stephanie Ann Ball, argued, Duluth, MN, for appellee.