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TORKELSON v. BANK OF HORTON

No. 46,123

208 Kan. 267 (1971)

491 P.2d 954

TONIE TORKELSON, SR., Appellant, v. THE BANK OF HORTON, Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1971.

Attorney(s) appearing for the Case

Howard A. Spies, of Schroeder, Heeney, Groff and Spies of Topeka, argued the cause, and John F. Gernon, of Hiawatha, was with him on the brief for the appellant.

Harry E. Miller, of Finley, Miller and Cashman, of Hiawatha, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This was an action against a bank for damages for wrongfully dishonoring a check drawn upon it to pay a life insurance premium. Plaintiff was the beneficiary in the policy which lapsed shortly before the death of the insured for nonpayment of the premium. Summary judgment was entered for the bank and plaintiff has appealed.

Plaintiff Tonie Torkelson, Sr., filed his petition against the defendant...

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