Luce Co. v. Hoefler

DUFRESNE, Active Retired Justice,

with whom VIOLETTE, Justice, joins, dissenting.

It is undisputed that the two promissory notes which are the subject of this action were executed, the first on September 9, 1974, by the defendant, Herbert G. Hoefler, and the second on April 30, 1976, by both the defendant husband and his wife, Elizabeth S. Hoefler, and delivered to the Bank (The First National Bank of Farming-ton/Firstbank, N.A. — both being the same banking institution) for the repayment of loans. The Luce Company, a family partnership, interested in seeing that the Hoe-flers continued the…