TRI-COUNTY STATE BANK v. DUNHAM

Nos. 11196, 11197.

207 N.W.2d 214 (1973)

TRI-COUNTY STATE BANK of Chamberlain, South Dakota, Plaintiff and Respondent, v. L. T. DUNHAM et al., Defendants and Appellants, and Kaiser Enterprises, Inc., a South Dakota Corporation, Defendant.

Supreme Court of South Dakota.

May 9, 1973.


Attorney(s) appearing for the Case

Horace R. Jackson of Whiting, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for defendant and appellant Dunham.

Lloyd J. Mahan, Parkston, for defendants and appellants Kaiser and Sticha.

R. E. Morgan, of Morgan & Fuller, Mitchell, for plaintiff and respondent.


HANSON, Justice.

This is an action by the Tri-County State Bank of Chamberlain, South Dakota to recover the sum of $56,093 remaining unpaid on disbursements made to Kaiser Enterprises, Inc., under a promissory note allegedly guaranteed by the defendants, L. T. Dunham, George Kaiser and Dorn Sticha. After a change of venue was granted removing the cause from Brule County to Minnehaha County the issues were submitted to a jury which returned a verdict for the Bank and...

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