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U.S. BANK NAT. ASS'N v. SCOTT

No. 22498.

673 N.W.2d 646 (2003)

2003 SD 149

U.S. BANK NATIONAL ASSOCIATION, f/k/a First Bank of South Dakota, N.A., successor in interest by merger to Western Bank, Plaintiff and Appellee, v. Michael L. SCOTT and Linda L. Scott, Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 23, 2003.

Attorney(s) appearing for the Case

James E. Moore and Daniel J. Harmelink of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Gale Fisher, Sioux Falls, South Dakota, Attorney for defendants and appellants.

ENG, Circuit Judge.

[¶ 1.] U.S. Bank National Association (Bank) alleged that on August 21, 1985, Bank's predecessor in interest, Western Bank, loaned Michael L. Scott and Linda L. Scott (Scotts) $200,000 as represented by a promissory note (note) in that principal amount. The note was subsequently modified through three allonges. Bank contends that when the note matured Scotts owed $109,948.79, plus interest. As an...

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