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DALTON v. LAWRENCE NATIONAL BANK

Nos. 37,894, 37,895, 37,896

169 Kan. 401 (1950)

219 P.2d 719

LORING DALTON, Appellee, v. THE LAWRENCE NATIONAL BANK, a Corporation, IRVING HILL and JUSTIN D. HILL, Appellants. MARY DALTON MURPHY, Appellee, v. THE LAWRENCE NATIONAL BANK, a Corporation, IRVING HILL and JUSTIN D. HILL, Appellants. MARGERY DALTON HURST, Appellee, v. THE LAWRENCE NATIONAL BANK, a Corporation, IRVING HILL and JUSTIN D. HILL, Appellants.

Supreme Court of Kansas.

Opinion filed June 10, 1950.

Attorney(s) appearing for the Case

C.C. Stewart, of Lawrence, argued the cause, and O.K. Petefish, of Lawrence, was on the briefs for the appellants, Irving Hill and Justin D. Hill; Henry H. Asher, of Lawrence, argued the cause, and C.M. Gorrill and Alan F. Asher, both of Lawrence, were with him on the briefs for the appellant, The Lawrence National Bank, a corporation.

Raymond F. Rice, of Lawrence, argued the cause, and Robert B. Oyler, of Lawrence, was with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

These were actions to recover money. They were heard together in the court below and consolidated here. All three defendants demurred to the plaintiff's petition in each case on the ground that it did not state facts sufficient to constitute a cause of action and showed on its face the cause was barred by the statute of limitation and in case of the bank on account of misjoinder of causes of action. These...

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