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NORTHERN BANK v. DOWD

No. S-95-1059.

562 N.W.2d 378 (1997)

252 Neb. 352

NORTHERN BANK, a Nebraska banking corporation, Appellee, v. Duane J. DOWD, Appellant, and Ray L. Gustafson, Appellee.

Supreme Court of Nebraska.

April 24, 1997.

Attorney(s) appearing for the Case

J. Patrick Green, Omaha, for appellant.

Steven J. Woolley, of Polack, Woolley & Troia, P.C., Omaha, for appellee Northern Bank.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

CAPORALE, Justice.

The plaintiff-appellee, Northern Bank, seeks to recover under an agreement by which the defendant-appellant, Duane J. Dowd, and the defendant-appellee, Ray L. Gustafson, undertook to guarantee "payment of any principal and interest due and payable on the [collateral] promissory note" which is the subject of Northern Bank v. Pefferoni Pizza Co., 252 Neb. 321,

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