Safety Federal Savings & Loan Ass'n v. Thurston

Swinehart, J.:

This is an appeal by defendant Lenexa State Bank and Trust Company from the judgment of the District Court of Johnson County in favor of codefendants John and Betty Thurston in a trial of cross-claims in a real estate mortgage foreclosure action.

On February 3, 1978, John Thurston approached Michael Hoffman, assistant vice-president of Lenexa State Bank, for the purpose of obtaining a loan. The loan was to finance the purchase of mowing and lawn care equipment to be used in Thurston’s business. Lenexa State Bank loaned Thurston $6,000 and took a purchase money security interest…