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SECURITY STATE BANK v. SCHULTZ

Civ. No. 10599.

350 N.W.2d 40 (1984)

SECURITY STATE BANK, a corporation, Wishek, North Dakota, Plaintiff, v. John E. SCHULTZ, Defendant, Third-Party Plaintiff, and Appellant, v. Robert STREETER and Jerome Hageman, Third-Party Defendants and Appellees.

Supreme Court of North Dakota.

May 31, 1984.

Attorney(s) appearing for the Case

Carol Ronning Kapsner, of Kapsner & Kapsner, Bismarck, for defendant, third-party plaintiff, and appellant Schultz.

Charles Poches, Jr., Fort Pierre, S.D. (argued), and Gregory L. Bickle, of Bickle, Coles & Snyder, Bismark, for third-party defendant and appellee Streeter, and Jack R. Von Wald, Selby, S.D., for third-party defendant and appellee Hageman.

VANDE WALLE, Justice.

John E. Schultz appealed from a summary judgment in favor of third-party defendants Robert Streeter and Jerome Hageman. We reverse the summary judgment and remand the case for a trial on the issues.

On July 18, 1979, Schultz borrowed $38,000 from Security State Bank of Wishek. Schultz owned the Wishek Cheese Company, Inc., and the money was placed in that company's account. The note was executed...

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