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FARMERS STATE BANK OF YUMA v. KLEIN

No. 20944.

410 P.2d 632 (1966)

FARMERS STATE BANK OF YUMA, a Colorado corporation, Plaintiff in Error, v. Norbert H. KLEIN, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied February 21, 1966.

Attorney(s) appearing for the Case

Francis A. Benedetti, Wray, for plaintiff in error.

Albert W. Gebauer, Denver, for defendant in error.

MOORE, Justice.

Plaintiff in error will be designated as the bank and defendant in error will be referred to by name.

Klein commenced the action for the cancellation of a promissory note dated January 25, 1962, payable to the bank. This note was executed by Klein and delivered to the bank in order that a prior note executed by him to one Perlenfein, which was in default, could be placed in "bankable condition." In his complaint Klein alleged that there was...

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