WESTERN SUR. CO. v. FIRST BANK OF S.D.

Nos. 16035, 16092.

427 N.W.2d 840 (1988)

WESTERN SURETY COMPANY, Plaintiff and Appellee v. FIRST BANK OF SOUTH DAKOTA, N.A., Defendant and Appellant and Terry Sampson, Receiver of Clair F. Wieseler and Terry Sampson, individually, Defendants.

Supreme Court of South Dakota.

Decided August 17, 1988.


Attorney(s) appearing for the Case

Robert L. Varilek, Rapid City, for plaintiff and appellee.

Donald R. Shultz of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, for defendant and appellant.


WUEST, Chief Justice.

This is an appeal from a judgment in favor of Western Surety Company (Western Surety), appellee, against First Bank of South Dakota (First Bank), appellant. We reverse.

On September 2, 1983, First Bank established a revolving line of credit in favor of Clair Wieseler (Wieseler), up to the sum of $1,000,000. The balance due under this line of credit was payable on July 5, 1984, and was secured...

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