Halpin v. Frankenberger

The opinion of the court was delivered by

Holmes, J.:

Plaintiff Thomas Halpin appeals from an order of the district court sustaining a motion for summary judgment filed by the defendant Topeka Bank & Trust, a Kansas banking corporation (the bank). The appeal involves the rights and duties existing between a guarantor and a creditor. Summary judgment was also granted to plaintiff against the other defendant Phillip Frankenberger and no appeal has been taken by Frankenberger from that ruling.

In 1975, Halpin and Frankenberger met and decided to go into the carpet business. They formed Centennial…