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COMMERCE BANK OF ST. JOSEPH v. STATE

No. 66,744

251 Kan. 207 (1992)

833 P.2d 996

COMMERCE BANK OF ST. JOSEPH, N.A., Appellant, v. STATE OF KANSAS, et al., Appellee.

Supreme Court of Kansas.

Opinion filed May 22, 1992.

Attorney(s) appearing for the Case

Mark S. Gunnison, of McDowell, Rice & Smith, of Overland Park, argued the cause and was on the briefs for appellant.

Nancy L. Ulrich, assistant attorney general, argued the cause, and Carl A. Gallagher, assistant attorney general, was with her on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Commerce Bank of St. Joseph, N.A., (Commerce Bank) lent money to a licensed public warehouse, Twombly Grain Company, Inc., (Twombly Grain) for grain storage. The bank held, as collateral, warehouse receipts issued on company-owned grain. Grain shortages were concealed by the grain company for many years and the bank loans were not repaid. When the shortages were discovered, in addition to suing Twombly...

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