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DENISON STATE BANK v. MADEIRA

No. 53,214

230 Kan. 684 (1982)

640 P.2d 1235

THE DENISON STATE BANK, Appellant, v. C.C. MADEIRA and DARLENE M. MADEIRA, Appellees.

Supreme Court of Kansas.

Opinion filed February 27, 1982.

Attorney(s) appearing for the Case

Earnest Vincent Pease, Jr., of Pease and Lewis, of Topeka, argued the cause and Michael L. Lewis, of the same firm, was with him on the brief for appellant.

Lawrence P. Ireland, of Ireland, Enright & Baird, of Topeka, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

HOLMES, J.:

This appeal involves an action originally filed by The Denison State Bank (the Bank) to recover on three promissory notes executed by the defendant C.C. Madeira and guaranteed by his wife, the defendant Darlene M. Madeira, and a counterclaim filed by the defendants against the Bank alleging breach of a fiduciary duty. In a jury trial the Bank was denied recovery on the promissory notes and the jury returned...

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