HERL v. STATE BANK OF PARSONS

No. 44,014

195 Kan. 35 (1965)

403 P.2d 110

CELESTINE HERL and EDNA HERL, Appellants, v. THE STATE BANK OF PARSONS, Parsons, Kansas, a Banking Corporation, Appellee, and J.J. FLYNN, JR., and NORTH RIVER INSURANCE CO., a Corporation, Defendants.

Supreme Court of Kansas.

Opinion filed June 12, 1965.


Attorney(s) appearing for the Case

Ernest J. Rice, of Topeka, argued the cause, and Robert Pennington, of Chanute, Harold E. Doherty and James E. Benfer, both of Topeka, were with him on the briefs for the appellants.

Jack L. Goodrich, of Parsons, argued the cause and was on the briefs for the appellee.


The opinion of the court was delivered by

HATCHER, C.:

This was an action to recover damages for the wrongful conversion of personal property. A motion for summary judgment was sustained by the trial court on the pleadings, exhibits and an affidavit filed by the defendant.

The petition commingled three separate causes of action. Damages, both actual and punitive, were requested for (1) conversion of mortgaged property where possession of the property...

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