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WALTON v. PIQUA STATE BANK

No. 45,575

204 Kan. 741 (1970)

466 P.2d 316

MARJORIE WALTON, Appellant, v. THE PIQUA STATE BANK, Appellee.

Supreme Court of Kansas.

Opinion filed March 7, 1970.

Attorney(s) appearing for the Case

Elwaine F. Pomeroy, of Topeka, argued the cause, and Emerson M. Pomeroy and Allen A. Hazlett, of Topeka, were with him on the brief for appellant.

J.D. Conderman, of Iola, argued the cause, and Robert V. Talkington, of Iola, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

The principal questions presented are whether the promise of Marjorie E. Walton comes within our statute of frauds (K.S.A. 33-106), as a "special promise to answer for the debt, default or miscarriage" of her brother, Robert E. Kendall, and whether her deposit of $15,000 in a savings account in The Piqua State Bank constituted a valid pledge to secure an indebtedness...

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