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CITY BANK & TRUST CO. v. Van ANDEL

No. 84-127.

368 N.W.2d 789 (1985)

220 Neb. 152

CITY BANK & TRUST CO., Crete, Nebraska, a Nebraska corporation, Appellant, v. Helen L. Van ANDEL, Appellee.

Supreme Court of Nebraska.

June 7, 1985.

Attorney(s) appearing for the Case

Adrian R. Fiala II, Lincoln, for appellant.

J. David Thurber of Doyle and Doyle, Lincoln, for appellee.

William B. Brandt and Robert J. Hallstrom of Brandt, Horan, Hallstrom & Sedlacek, Nebraska City, for amicus curiae Nebraska Bankers Ass'n.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

BOSLAUGH, Justice.

This is an action on a guaranty executed by the defendant, Helen L. Van Andel, on January 5, 1976, to secure indebtedness of her son, Ronald Van Andel, to the plaintiff, City Bank & Trust Co., Crete, Nebraska. The petition alleged that there was $94,819.82 due the bank on August 2, 1982, the date on which Ronald Van Andel and his wife, Pamela, filed a petition in bankruptcy. Through liquidation of collateral and payments by the debtor, the amount...

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