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FISHER v. PENDLETON

No. 41,238

184 Kan. 322 (1959)

336 P.2d 472

SHERLA LEE FISHER, Appellant, v. NELLE PENDLETON, Appellee.

Supreme Court of Kansas.

Opinion filed March 7, 1959.

Attorney(s) appearing for the Case

Harry Gillig, Calvin L. McMillan and Thad Hanna, all of Wichita, were on the brief for appellant.

Robt. L. NeSmith, Justus H. Fugate and James B. Grant, all of Wichita, were on the brief for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the lower court sustaining a demurrer to plaintiff's petition, as amended, seeking recovery on two promissory notes jointly executed by the defendant and her husband, and from an order striking the "FIRST AMENDED PETITION" from the files.

The underlying question of law is whether partial payment by one joint debtor (the husband) is sufficient to take the case...

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