First National Bank of Hutchinson v. Kaiser

The opinion of the court was delivered by

Miller, J.:

This is an action commenced by the First National Bank of Hutchinson against C. E. Kaiser on a written contract of guaranty. After a jury trial, judgment was entered in favor of Kaiser. The bank appeals, claiming that it was entitled to judgment as a matter of law.

The guaranty reads in part as follows:

“CONTINUING GUARANTY BETWEEN THE UNDERSIGNED AND THE FIRST NATIONAL BANK OF HUTCHINSON, KANSAS

“Hutchinson, Kansas June 22, 1967

“TO THE FIRST NATIONAL BANK OF HUTCHINSON, KANSAS

“The undersigned hereby request you to give, and continue to give,…