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LEADERBRAND v. CENTRAL STATE BANK OF WICHITA

No. 45,209

202 Kan. 450 (1969)

450 P.2d 1

CHARLES L. LEADERBRAND, Appellant, v. THE CENTRAL STATE BANK OF WICHITA, Appellee.

Supreme Court of Kansas.

Opinion filed January 25, 1969.

Attorney(s) appearing for the Case

Richard V. Foote, of Wichita, argued the cause, and John R. Blair, Don Matlack, Ronald H. Rogg, Donald E. Lambdin and Gerald W. Scott, also of Wichita, were with him on the brief for the appellant.

James R. Hanson, of Wichita, argued the cause, and John E. Boyer, Paul J. Donaldson, Kenneth P. Stewart and Robert L. Smith, also of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by one who claims to be the holder of a check against the payor bank for retaining said check, after receipt, beyond its "midnight deadline" before giving notice of dishonor as required by K.S.A. 84-4-301 and 84-4-302 of the Uniform Commercial Code. The trial court sustained the defendant's motion for summary judgment on the ground the plaintiff was not a proper party to bring the action...

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