PHILLIPS v. FISHER

No. 45,718

205 Kan. 559 (1970)

470 P.2d 761

E.L. PHILLIPS, d/b/a EASTSIDE MOTOR COMPANY, Appellee, v. FLOYD F. FISHER and HAZEL L. FISHER, Appellants.

Supreme Court of Kansas.

Opinion filed June 13, 1970.


Attorney(s) appearing for the Case

Kenneth S. Johnson, of the firm of Shultz & Shultz, of Dodge City, was on the brief for the appellants.

Don C. Smith, of the firm of Mitchell, Smith & Patton, of Dodge City, was on the brief for the appellee.


The opinion of the court was delivered by

PRICE, C.J.:

Defendants Fisher were the makers of a promissory note. Plaintiff Phillips signed the note as an accommodation maker. Defendants became in default. Plaintiff paid the balance due and brought this action to recover the amount so paid. Judgment was for plaintiff, and defendants have appealed.

From a very sketchy and incomplete record the following appears to be the background of the matter.

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