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KANSAS BANKERS SURETY CO. v. FORD COUNTY STATE BANK

No. 41,282

184 Kan. 529 (1959)

338 P.2d 309

THE KANSAS BANKERS SURETY COMPANY, Appellant, v. THE FORD COUNTY STATE BANK, Appellee.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

Floyd A. Sloan, of Topeka, argued the cause, and W. Glenn Hamilton, Eldon Sloan and James W. Sloan, all of Topeka, and E.C. Minner and Harry A. Waite, both of Dodge City, were with him on the brief for appellant.

W.D. Jochems, of Wichita, argued the cause, and James A. Williams, of Dodge City, and Harry L. Hobson, of Wichita, were with him on the brief for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action in contract to recover payment made by a drawee bank on a raised (altered) check, otherwise genuine, to the defendant bank, an endorsee holder in due course.

The sole question presented is whether the drawee bank is liable on its payment to the endorsee bank according to the tenor of the instrument as originally drawn or according to the tenor of the instrument as of...

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