MACKEY-WOODARD, INC. v. CITIZENS STATE BANK

No. 44,555

197 Kan. 536 (1966)

419 P.2d 847

MACKEY-WOODARD, INC., Appellant, v. CITIZENS STATE BANK OF CHENEY, Appellee, and ELMA JEAN MACKEY, Third Party Defendant.

Supreme Court of Kansas.

Opinion filed November 5, 1966.


Attorney(s) appearing for the Case

Thomas A. Wood, of Wichita, argued the cause, and Paul V. Smith, Douglas E. Shay, William C. Farmer, Leo R. Wetta, James R. Schaefer, and Larry L. Witherspoon, all of Wichita, were with him on the brief for the appellant.

Robert C. Foulston and Benjamin C. Langel, both of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Donald K. Badger and Phillip S. Frick, all of Wichita, were with them on the brief for the appellee.

Eugene G. Coombs, William H. Dye and John M. Reiff, all of Wichita, were on the brief for the third party defendant.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by the corporate payee of a check to recover the proceeds of the check in the sum of $22,879.62 with interest from a collecting bank which cashed the check and procured payment thereof from the drawee bank upon an unauthorized indorsement of the corporate payee. Appeal has been duly perfected from an order of the trial court which sustained the collecting bank's motion for involuntary...

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