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DUNHAM v. THE FIRST NAT. BANK IN SIOUX FALLS

No. 11852-a.

260 N.W.2d 375 (1977)

L. T. DUNHAM, Plaintiff and Appellant, v. THE FIRST NATIONAL BANK IN SIOUX FALLS, a National Banking Association, Defendant and Respondent.

Supreme Court of South Dakota.

December 14, 1977.

Attorney(s) appearing for the Case

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

Deming Smith of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and respondent.

YOUNG, Circuit Judge.

Before discussing the particular issues presented to this Court, it is necessary to describe the procedural history of this case.

In February of 1970, The First National Bank in Sioux Falls (Bank) commenced an action in circuit court in Sioux Falls against L. T. Dunham (Dunham) and two other individuals not parties to the present appeal. The action was brought by the Bank against Dunham and two other individuals upon a promissory note...

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