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FIRST NAT. BANK, HETTINGER v. ROBERTSON

Civ. No. 880349.

442 N.W.2d 430 (1989)

FIRST NATIONAL BANK, HETTINGER, North Dakota, a banking corporation, Plaintiff and Appellant, v. Reginald ROBERTSON, Nancy Robertson, and James Nelson, d/b/a R & N Hide and Fur Co., Defendants and Appellees.

Supreme Court of North Dakota.

June 27, 1989.

Attorney(s) appearing for the Case

T.L. Secrest (argued), Hettinger, for plaintiff and appellant.

Greenwood, Greenwood & Greenwood, P.C., for defendants and appellees; argued by Gary D. Ramsey, Dickinson.

LEVINE, Justice.

First National Bank, Hettinger (Bank) appeals from a district court judgment discharging Reginald Robertson, Nancy Robertson and James Nelson from their obligation on a promissory note because of the Bank's material and fraudulent alteration of the note. We affirm.

Reginald, Nancy and James executed a promissory note secured by a real estate mortgage. The note was renewed by a promissory note secured by a real estate mortgage and was signed...

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