SMITH v. LaFORGE

Nos. 38,639, 38,640

173 Kan. 70 (1952)

244 P.2d 211

HARRY SMITH, doing business as PARSONS LIVESTOCK COMMISSION COMPANY, Appellee, v. GUSSIE LAFORGE, HARVEY MAXWELL, doing business as MIDWEST LIVESTOCK COMMISSION COMPANY, and NEW YORK CASUALTY COMPANY, Appellants. HARRY SMITH, doing business as PARSONS LIVESTOCK COMMISSION COMPANY, Appellee, v. GUSSIE LAFORGE and NEW AMSTERDAM CASUALTY COMPANY, a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed May 10, 1952.


Attorney(s) appearing for the Case

In case No. 38,639, T.D. Hampson, of Fredonia, and Jack L. Goodrich, of Parsons, argued the cause and were on the briefs for the appellants.

Earl Bohannon, of Parsons, argued the cause, and J. Logan Shuss, also of Parsons, was with him on the briefs for the appellee.

In case No. 38,640, Henry W. Buck and William A. Rundle, Jr., both of Kansas City, Mo., and John B. Markham, of Parsons, were on the briefs for the appellants; Morrison, Hecker, Buck, Cozad & Rogers, Kansas City, Mo., of counsel; and Columbia, Markham & Smith, Parsons, of counsel.

Earl Bohannon, of Parsons, argued the cause, and J. Logan Shuss, also of Parsons, was with him on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

The question in these consolidated appeals is one of pleading, and concerns the propriety of the lower court's ruling in striking certain allegations, set up by way of defense, from each of the separate amended answers of the defendants. The question and issues are common to all parties and the cases will be treated as one.

This is the second appeal in this case. (Smith v. LaForge,

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