First Bank of Wakeeney v. Moden

1 REPORTER'S NOTE: Previously filed as an unpublished opinion, this opinion was required to be published by an order of the Supreme Court dated April 26, 1984, pursuant to Rule 7.04. This is an appeal by two of the defendants, Ernest C. Moden and his wife, Henrietta L. Moden, from the judgment of the Trego District Court in this mortgage foreclosure action. The main issues raised are whether the plaintiff, First Bank of WaKeeney, Kansas, owed Mr. and Mrs. Moden a fiduciary duty, and if so, whether it breached that duty; whether the WaKeeney bank failed to comply with a loan agreement; and whether the WaKeeney bank is estopped from bringing this action.