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RICHTER v. INDUSTRIAL FINANCE CO. INC.

No. 11292.

221 N.W.2d 31 (1974)

Francis W. RICHTER and Joyce Richter, Plaintiffs and Respondents, v. INDUSTRIAL FINANCE COMPANY, INC., a corporation, Defendant, and Carl W. Pfeifer, Individually, Defendant and Appellant.

Supreme Court of South Dakota.

August 31, 1974.

Attorney(s) appearing for the Case

Richard W. Sabers of Dana, Golden, Moore & Rasmussen, Sioux Falls, for plaintiffs and respondents.

Gale E. Fisher of May, Johnson & Burke, Sioux Falls, for defendants and appellants.

WUEST, Circuit Judge.

This is an action on seven separate promissory notes. They were originally executed by Industrial Finance Company, Inc., and delivered to plaintiff on or about the dates they bear. Except for two of the notes, they were marked "Subordinated."

Industrial Finance Company had borrowed large sums of money from several banks. The banks had directed Industrial Finance to obtain subordination agreements...

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