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HOWELL, TRUSTEE v. WILSON

No. 43,324

192 Kan. 223 (1963)

387 P.2d 193

THOMAS M. HOWELL, Trustee for ANN ALLEN DAWSON and ROBERT JAMES ALLEN, Appellee, v. HARRY A. WILSON, MARY LUCILLE WILSON and SHAWNEE MISSION INVESTMENT COMPANY, a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed December 7, 1963.

Attorney(s) appearing for the Case

Peter A. Martin, of Olathe, was on the briefs for the appellants.

Barton P. Cohen, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, John E. Shamberg, Joseph P. Jenkins, Norma Braly, Jacob F. May, and Frederick K. Cross, all of Kansas City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by defendants from the trial court's order of July 20, 1962, overruling their demurrers to plaintiff's petition, and from that court's later order dated July 30, 1962, overruling defendants' motion to strike.

Pertinent portions of the petition alleged that on October 20, 1961, defendants executed a promissory note to plaintiff, as trustee

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