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UNION NATIONAL BANK IN MINOT v. SCHIMKE

Civil No. 8878.

210 N.W.2d 176 (1973)

UNION NATIONAL BANK IN MINOT, Plaintiff and Appellant, v. Fern SCHIMKE, Defendant and Appellee.

Supreme Court of North Dakota.

August 13, 1973.

Attorney(s) appearing for the Case

Palda, Anderson, Tossett, Palda, Thomas & Berning, Minot, for plaintiff and appellant.

Bosard, McCutcheon, Kerian, Schmidt & Holum, Minot, for defendant and appellee.

PAULSON, Judge.

Union National Bank in Minot [hereinafter Bank] is appealing a judgment of the District Court of Ward County that dismissed its action against Fern Schimke on a guaranty contract.

The pertinent facts are that Norbert Schimke, deceased husband of Fern Schimke, signed two promissory notes dated September 18, 1970, and March 10, 1971, in favor of the Bank. The complaint in the action prayed for judgment in the amount of $37,683.40, which was the...

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