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BANK OF KIMBALL v. ROSTEK

No. 21304.

423 P.2d 579 (1967)

BANK OF KIMBALL, a Nebraska banking corporation, Plaintiff in Error, v. John ROSTEK, Defendant in Error.

Supreme Court of Colorado, In Department.

February 14, 1967.

Attorney(s) appearing for the Case

Fischer, Fischer & Beatty, Phillip H. Potter, Fort Collins, for plaintiff in error.

Alden T. Hill, Ralph H. Coyte, Alden V. Hill, Fort Collins, for defendant in error.

MOORE, Chief Justice.

This writ of error involves a suit brought by the Bank of Kimball against John Rostek to recover judgment on a promissory note which the bank alleged was signed by Rostek and had been "assigned and endorsed" by the payee named in the note to the bank "for consideration and the bank accepted same note in good faith and as a holder in due course and for value." The bank alleged that the defendant Rostek...

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