Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

First Security Bank of Utah v. Shiew

Supreme Court of Utah
609 P.2d 952 (1980)


Bill and Linda Shiew (defendants) owned a home subject to a mortgage held by the First Security Bank of Utah (the Bank) (plaintiff). The mortgage agreement contained a dragnet clause purporting to make the home security for any future debts the Shiews owed the Bank. The Shiews obtained fire insurance from the Utah Farm Bureau Insurance Company (Utah Farm) (defendant). Subsequently, the Shiews obtained a second loan from a different branch of the Bank for a cattle-raising business. The loan was secured by the Shiews’ cattle, including after-acquired cattle. The loan agreement stated it constituted the entire agreement between the parties; the agreement did not refer to the previously issued home loan. The Bank brought suit on the second loan, stating all of the cattle were disposed of but a deficiency remained. The suit did not mention the home loan but sought a money judgment to cover the deficiency. The home had been destroyed by fire, and Utah Farm had paid the insurance proceeds to Linda Shiew. The Bank added Utah Farm as a defendant and amended its complaint to seek those proceeds. The trial court found in favor of the Bank, awarding a judgment against Utah Farm and the Shiews. Utah Farm appealed.

Rule of Law


Holding and Reasoning (Maughan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 366,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.