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FIRST NATIONAL BANK OF HUTCHINSON v. KAISER

No. 48,168

222 Kan. 274 (1977)

564 P.2d 493

FIRST NATIONAL BANK OF HUTCHINSON, KANSAS, Appellant, v. C.E. KAISER, a/k/a CONARD E. KAISER, Appellee.

Supreme Court of Kansas.

Opinion filed May 14, 1977.

Attorney(s) appearing for the Case

J. Stanley Hill, of Branine, Chalfant, Hyter & Hill, of Hutchinson, argued the cause and was on the brief for the appellant.

E. Dexter Galloway, of Hutchinson, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

This is an action commenced by the First National Bank of Hutchinson against C.E. Kaiser on a written contract of guaranty. After a jury trial, judgment was entered in favor of Kaiser. The bank appeals, claiming that it was entitled to judgment as a matter of law.

The guaranty reads in part as follows:

"CONTINUING GUARANTY BETWEEN THE UNDERSIGNED AND THE FIRST NATIONAL BANK OF HUTCHINSON...

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