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FIRST NAT. BANK & TRUST CO. OF BISMARCK v. HART

Civ. No. 9438.

267 N.W.2d 561 (1978)

The FIRST NATIONAL BANK AND TRUST COMPANY OF BISMARCK, Bismarck, North Dakota, a National Banking Corporation, Plaintiff and Appellant, v. R. M. HART, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied July 17, 1978.

Attorney(s) appearing for the Case

Pearce, Anderson, Thames & Durick, Bismarck, for plaintiff and appellant; argued by Patrick W. Durick, Bismarck.

Frederick Edward Saefke, Jr., Bismarck, for defendant and appellee.

PEDERSON, Justice.

In January 1972, Robert B. Hart sought a loan of $35,000 for 90 days at 8% interest from The First National Bank and Trust Company of Bismarck. The bank was unwilling to lend on the credit of Robert, so his father, R. M. Hart, was asked to sign the note as a comaker, or to endorse it. He refused to do either, but did sign a guaranty instrument and the loan was made.

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