Question

The Grand Island Production Credit Association (Grand Island) is a federally chartered credit union. Carl M. and Beulah C. Humphrey, husband and wife, entered into a loan arrangement with Grand Island for a $ 50,000 line of credit. Mr. and Mrs. Humphrey signed a line of credit promissory note that provided, in part, “As long as the Borrower is not in default, the Association will lend to the Borrower, and the Borrower may borrow and repay and reborrow at any time from date of said ‘Line of Credit’ Promissory Note in accordance with the terms thereof and prior to maturity thereof, up to an aggregate maximum amount of principal at any one time outstanding of $ 50,000.”
Mr. Humphrey borrowed money against the line of credit to purchase cattle. Two months later, Mrs. Humphrey went to Grand Island’s office and told the loan officer that she had left Mr. Humphrey and filed for divorce. She told the loan officer not to advance any more money to Mr. Humphrey for his cattle purchases. When the Humphreys failed to pay the outstanding balance on the line of credit, Grand Island sued Mr. and Mrs. Humphrey to recover the unpaid balance of $ 13,936.71. Is Mrs. Humphrey a co maker of the line of credit promissory note and, therefore, primarily liable for the outstanding principal balance of the note, plus interest? Is it ethical for Mrs. Humphrey to deny liability on the promissory note in this case? Grand Island Production Credit Association v. Humphrey, 388 N. W. 2d 807, 1986 Neb. Lexis 1185 (Supreme Court of Nebraska)


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  • CreatedAugust 12, 2015
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