STEVENS v. FARMERS ELEVATOR MUTUAL INS. CO.

No. 44,467

197 Kan. 74 (1966)

415 P.2d 236

STODDARD M. STEVENS and MORGAN GUARANTY TRUST Co., a Corporation, Executors and Trustees of the Will of Lucy S. Rutherford, Deceased, Appellees, v. FARMERS ELEVATOR MUTUAL INSURANCE Co., a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed June 11, 1966.


Attorney(s) appearing for the Case

Clarence N. Holeman, of Wichita, argued the cause, and Harold Irwin, S.J. Glaves and Richard R. Eads, all of Wichita, were with him on the brief for the appellant.

Terry L. Bullock, of Topeka, argued the cause, and Robert L. Webb, Ralph W. Oman, Philip E. Buzick, William B. McElhenny, James D. Waugh, James L. Grimes, Jr., Donald J. Horttor and Stewart L. Entz, all of Topeka, were with him on the brief for the appellees.


The opinion of the court was delivered by

FONTRON, J.:

This is an action to recover on a Warehouseman's Bond executed pursuant to the provisions of the United States Warehouse Act, 7 U.S.C.A. § 241, et seq. (herein referred to as the Act). The plaintiff prevailed in the court below and the defendant has appealed.

The facts are not in dispute. On June 10, 1961, the defendant, Farmers Elevator Mutual Insurance Company, executed a bond as...

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