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FARMERS AND MERCHANTS STATE BANK v. MANN

No. 11050.

203 N.W.2d 173 (1973)

FARMERS AND MERCHANTS STATE BANK, a corporation, Iroquois, South Dakota, Plaintiff and Respondent, v. Helen J. MANN and Owen A. Mann, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 4, 1973.

Attorney(s) appearing for the Case

George N. Manolis, of Churchill, Sauer & Manolis, Huron, for plaintiff and respondent.

Gunderson, Farrar, Aldrich, Warder, DeMersseman & Wilkins, Rapid City, for defendants and appellants.

BIEGELMEIER, Presiding Justice.

In the action to recover judgment on three promissory notes, the trial court granted plaintiff's motion for summary judgment and defendants appeal. Plaintiff's complaint alleged defendants executed and delivered the notes wherein they promised to pay to the order of Jarvis Wallum or Evelyn Wallum $2,500 on August 15, 1968; $5,000 on September 15, 1969 and $5,000 on September 15, 1970, with...

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