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PRUGH, COMBEST & LAND v. LINWOOD STATE BANK

No. 21458.

241 S.W.2d 83 (1951)

PRUGH, COMBEST & LAND, Inc. v. LINWOOD STATE BANK (South Side Bank, third party defendant).

Kansas City Court of Appeals. Missouri.

June 4, 1951.

Attorney(s) appearing for the Case

Spurgeon L. Smithson, William E. Carmell and Ernest Hubbell, all of Kansas City, for appellant.

Leo T. Schwartz, Kansas City (John A. McGuire and Don M. Jackson, Kansas City, of counsel), for respondent Linwood State Bank.

Cornelius Roach, Mack Hency, Kansas City (Roach, Brenner & Wimmell, Kansas City, of counsel), for respondent South Side Bank.

BOUR, Commissioner.

The plaintiff-appellant, Prugh, Combest & Land, Inc., sued Linwood State Bank for $4950, the aggregate amount of certain checks which were drawn by plaintiff against its account in that bank, and which were paid by the drawee bank on forged endorsements of the payees' names and charged to plaintiff's account. There were two such checks, each being described in a separate count of the petition.

Before filing its answer, Linwood State...

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