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First Hawaiian Bank v. Jack Zukerkorn

Hawai’i Intermediate Court of Appeals
2 Haw.App. 383 (1981)


Facts

In 1965, Jack Zukerkorn (defendant) executed a $6,394.21 demand note in favor of First Hawaiian Bank (Bank) (plaintiff). The following year, Zukerkorn executed a $2,500 two-year note with the Bank. However, Zukerkorn made no payments on either loan thereafter. In 1973, Zuckerkorn obtained a car loan from the Bank which he subsequently paid in full. Additionally, Zukerkorn applied for a credit card with the Bank. During the application process he was told by a Bank employee that he owed “a small amount of money on an old account,” and that issuance of the credit card was conditioned on his agreement to pay $100 per month on the “old account.” Zukerkorn agreed and received the credit card. Approximately two years later the Bank filed suit against Zukerkorn to collect the $6,394.21 note, the $2,500 note, and to collect the balance on the credit card in the amount of $4,594.60. Both parties agreed that Zukerkorn had paid the car loan in full, paid on his credit card account but held a balance, and had tendered $500 toward the “old account” referenced by the bank employee. Zukerkorn denied that the old notes were specifically identified and his agreement to pay $100 per month was related to them. He further denied that he paid $200 in cash around the time he made the agreement to pay on the “old account.” The trial court granted summary judgment in favor of the Bank and Zukerkorn appealed.

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Holding and Reasoning (Burns, J.)

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