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BOTKIN v. SECURITY STATE BANK

No. 92,380.

281 Kan. 243 (2006)

DAVID E. BOTKIN, et al., Appellees, v. SECURITY STATE BANK, WELLINGTON, KANSAS, A KANSAS CORPORATION, Appellant.

Supreme Court of Kansas.

Opinion filed March 17, 2006.

Attorney(s) appearing for the Case

Martin J. Peck, of Hyndman & Peck, L.L.P., of Wellington, argued the cause and was on the briefs for appellant.

W. Thomas Gilman, of Redmond & Nazar, L.L.P., of Wichita, argued the cause and was on the briefs for appellees.

The opinion of the court was delivered by

NUSS, J.:

This case requires us to determine whether certain written guaranties are enforceable. After Security State Bank's borrower, Botkin, LLC, defaulted on its loan obligations, David Botkin and 33 others filed a declaratory judgment action to determine whether their signed guaranty agreements were enforceable under the statute of frauds, K.S.A. 33-106. The Bank filed a counterclaim seeking to enforce the guaranties...

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