First Hawaiian Bank v. Jack Zukerkorn

Jack Zukerkorn (defendant) signed two promissory notes with First Hawaiian Bank (plaintiff) in 1965 and 1966 and made no payments on either. Years later, while applying for a credit card, a bank employee told him he owed "a small amount of money on an old account" and conditioned the card on his agreeing to pay $100 per month toward it; Zukerkorn agreed and received the card. About two years later, the bank sued to collect on both old notes plus the credit card balance. Zukerkorn admitted paying $500 toward the vaguely described "old account" but denied that the old notes were ever specifically identified to him or that his agreement to pay related to them. The trial court granted summary judgment for the bank on all debts, and Zukerkorn appealed.