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FIRST DAKOTA NAT. BANK v. GRAHAM

No. 27189.

864 N.W.2d 292 (2015)

2015 S.D. 29

FIRST DAKOTA NATIONAL BANK, Plaintiff and Appellant, v. David GRAHAM, Justin Graham, Donald Graham and Dennis Glatt, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 13, 2015.

Attorney(s) appearing for the Case

Steven K. Huff , Sheila S. Woodward of Johnson, Miner, Marlow Woodward & Huff, Prof. LLC, Yankton, South Dakota, Attorneys for plaintiff and appellant.

Thomas J. Nicholson of Nicholson, Tschetter, Adams & Nicholson, Sioux Falls, South Dakota, Attorneys for defendant and appellee David Graham.

Jason KW Krause of Dorothy & Krause Law Firm, PC, Sioux Falls, South Dakota, Attorneys for defendant and appellee Justin Graham.

Clair R. Gerry of Gerry & Kulm Ask, Prof., LLC, Sioux Falls, South Dakota, Attorneys for defendant and appellee Donald Graham.

James E. McMahon , Lisa Prostrollo of Murphy, Goldammer & Prendergast, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee Dennis Glatt.

[¶ 1.] In this contract action, the lender seeks to enforce separate commercial guaranties against the individual guarantors. The guaranties were executed to secure the indebtedness of the borrower. The guarantors moved for summary judgment, claiming that the guaranties were unenforceable because no indebtedness existed after...

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