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HERBEL v. PEOPLES STATE BANK

No. 38,151

170 Kan. 620 (1951)

228 P.2d 929

H.L. HERBEL, doing business as The Chase Company, Appellant and Cross-Appellee, v. THE PEOPLES STATE BANK OF ELLINWOOD, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

L.E. Quinlan, of Lyons, argued the cause and was on the briefs for the appellant.

LaRue Royce, of Salina, argued the cause, and E.S. Hampton, H.H. Dunham, Jr., John Q. Royce, and H.G. Engleman, all of Salina, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This was an action by a depositor against a bank to recover the sum of $5,000 paid out of his account on a series of checks forged by his bookeeper and office assistant. A jury was waived and the action was tried by the court. It rendered judgment for plaintiff on the first of five forged checks in the total sum of $500 and denied recovery on the remaining checks. The plaintiff appeals from the latter portion...

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