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PEARCY v. FIRST NATIONAL BANK

No. 38,080

170 Kan. 577 (1951)

228 P.2d 707

RUTH G. PEARCY, Appellant, v. THE FIRST NATIONAL BANK IN WICHITA (a banking corporation), and FRED HINKLE, Appellees.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

E.E. Sattgast, of Wichita, argued the cause, and John Madden, Jr., of Wichita, was with him on the briefs for the appellant.

W.D. Jochems, of Wichita, argued the cause, and J. Wirth Sargent, Emmet A. Blaes, Roetzell Jochems and Robert G. Braden, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

This is an action brought by the payee of a check to recover against a bank which honored the check upon an alleged unauthorized endorsement. The plaintiff attempts to appeal from an order sustaining the bank's motion to make the alleged unauthorized endorser a party defendant.

Another phase of this same case was decided by this court in Pearcy v. First National Bank, 167 Kan. 696, 208 P...

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