Janke v. Smyk

The defendants, Bernard and Lois Smyk as principal debtors on a promissory note, and Harry H. Janke, as an indorser, appealed a judgment entered in Yellowstone County District Court in favor of the First Bank of Billings following a nonjury trial for collection of an overdue note in the amount of $25,000. After the appeal was filed, Janke paid the judgment to the Bank, and was substituted as respondent, and now seeks to enforce the Bank’s judgment against the Smyks. We affirm.

The Smyks raise four issues, one relating to their liability to the Bank on the note, and three questioning the…