McADAM v. FIREMAN'S FUND INSURANCE CO.

No. 45,289

203 Kan. 123 (1969)

452 P.2d 851

JAMES E. McADAM, Appellee, v. FIREMAN'S FUND INSURANCE COMPANY, a California Corporation, TOM CUNNINGHAM, THAD HANNA, DON LEE HOPKINS, VERNA HOPKINS, MITCHELL FAROH, RUTH FAROH, WILLIAM LUNDY and DON LEE COMPANY, INC., and HOWARD L. PARKER COMPANY, INC., Appellants.

Supreme Court of Kansas.

Opinion filed April 12, 1969.


Attorney(s) appearing for the Case

Gerald D. Lasswell, of Wichita, argued the cause, and Dale B. Stinson, John W. Jordan and Carl N. Kelly, of Wichita, were with him on the brief for appellant Tom Cunningham.

Donald A. Bell, of Wichita, argued the cause, and Lawrence Weigand, Lawrence Curfman, Byron Brainerd, Charles W. Harris, Orval J. Kaufman, J.L. Weigand, Jr., Spencer L. Depew, Paul M. Buchanan, John R. Stallings, Brian G. Grace and Windell G. Snow, of Wichita, were with him on the brief for appellant Fireman's Fund Insurance Company, Inc.

Carl L. Buck, of Wichita, argued the cause, and Ralph E. Gilchrist, Stephen K. Lester, Brian J. Moline, Warner Moore, Patrick J. Warnick, Alan B. Phares and Robert E. Burchfiel, of Wichita, were with him on the brief for appellee.


The opinion of the court was delivered by

FATZER, J.:

This action was commenced by James E. McAdam on October 1, 1964, against Thad Hanna, Don Lee Hopkins, Verna Hopkins, Mitchell Faroh, Ruth Faroh, William Lundy, Don Lee Company, Inc., Howard L. Parker Company, Inc., Tom Cunningham and his surety as guardian, the Fireman's Fund Insurance Company, Inc., to recover losses suffered in his estate due to the willful mismanagement and trafficking in his estate...

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