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MARK TWAIN KANSAS CITY BANK v. CATES

No. 65460.

810 P.2d 1154 (1991)

248 Kan. 700

MARK TWAIN KANSAS CITY BANK, Appellant, v. Daniel J. CATES, Juhree R. Cates, Joseph A. Cates, Ellen Cates, and Cates Sheet Metal, Inc., Appellees.

Supreme Court of Kansas.

May 10, 1991.

Attorney(s) appearing for the Case

Joel K. Goldman, of Husch, Eppenberger, Donohue, Cornfeld & Jenkins, Kansas City, Mo., argued the cause, and David B. Young, was with him on the briefs, for appellant.

Curtis L. Tideman, of Lathrop, Norquist & Miller, of Kansas City, Mo., argued the cause, and was on the brief, for appellees.

LOCKETT, Justice:

Daniel J. Cates and Juhree R. Cates defaulted on a $600,000 note for a business loan obtained from Mark Twain Kansas City Bank (Bank), a Missouri bank. The Bank instituted foreclosure proceedings on the mortgage the Bank held on the Cates' home in Kansas. The Bank claims that a future advance clause in a prior $200,000 mortgage secured the subsequent $600,000 loan it had made to the Cates. The Cates counterclaimed against the Bank. The Bank moved...

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