First Interstate Bank of Sioux City v. Gray

SNELL, Justice.

Appellant, First Interstate Bank of Sioux City, instituted suit to secure a judgment on an overdue promissory note executed by appellee, Judith Gray, and her husband. Appellee moved for summary judgment, which was granted by the district court. We reverse and remand.

The facts, which are not in dispute, indicate that on August 25, 1985, Judith Gray and her husband, Paul Gray, executed a promissory note in the amount of $12,-844.87 in favor of First Interstate Bank of Sioux City. The Grays assumed joint and several liability on the note. After the Grays defaulted on the note, the…