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BANK OF HOVEN v. RAUSCH

No. 14966.

382 N.W.2d 39 (1986)

BANK OF HOVEN, A Banking Corporation, Plaintiff and Appellee, v. William RAUSCH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 19, 1986.

Rehearing Denied March 26, 1986.

Attorney(s) appearing for the Case

Clark W. Bormann of Bormann, Buckmeier & Bormann, Mobridge, for plaintiff and appellee.

Max A. Gors of Gors, Braun, Carlon, Smith & Zastrow, Pierre, and Jarvis Brown, Faulkton, for defendant and appellant; Laurence J. Zastrow of Gors, Braun, Carlon, Smith & Zastrow, Pierre, on brief.

WUEST, Justice.

This is an appeal from a judgment in a trial before the court granting recovery on a promissory note. We reverse.

In early April of 1978, Harlan Rausch (Harlan) asked appellee, Bank of Hoven (Bank), to lend him $75,000 for his farming operation. Bank informed Harlan that his credit was not sufficient to acquire the loan unless his father, William Rausch (William), cosigned the promissory note. On April 18, 1978, a note was executed and Harlan...

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