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JANKE v. SMYK

No. 83-294.

683 P.2d 942 (1984)

Harry H. JANKE, Plaintiff and Respondent, v. Bernard L. SMYK, Louis A. Smyk, Defendants and Appellants.

Supreme Court of Montana.

Decided May 29, 1984.

Rehearing Denied August 2, 1984.

Attorney(s) appearing for the Case

Jackson Law Firm; Gregory Jackson argued, Helena, for defendants and appellants.

McKinley Anderson argued, Bozeman, for plaintiff and respondent.

SHEA, Justice.

The defendants, Bernard and Lois Smyk as principal debtors on a promissory note, and Harry H. Janke, as an indorser, appealed a judgment entered in Yellowstone County District Court in favor of the First Bank of Billings following a nonjury trial for collection of an overdue note in the amount of $25,000. After the appeal was filed, Janke paid the judgment to the Bank, and was substituted as respondent, and now seeks to enforce the Bank's judgment against...

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