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APPERSON v. SECURITY STATE BANK

No. 47,381

215 Kan. 724 (1974)

528 P.2d 1211

BOYD APPERSON, Individually, BOYD APPERSON and WILLIAM LANGLEY, d/b/a J & J CATTLE COMPANY, a co-partnership, Appellees and Cross-Appellants, v. SECURITY STATE BANK, a Corporation, Appellant. (FLOYD DOTSON and JOE R. BAILEY, [Defendants]).

Supreme Court of Kansas.

Opinion filed December 7, 1974.

Attorney(s) appearing for the Case

Forrest E. Short, of Fort Scott, argued the cause, and Joel B. Short, of Short and Short, of Fort Scott, was with him on the brief for the appellant.

Walter B. Patterson, of Fort Scott, argued the cause and was on the brief for the appellees and cross-appellants.

The opinion of the court was delivered by

KAUL, J.:

This action stems from a controversy over the application of funds to a payment on a promissory note executed by Joe R. Bailey (defendant) and payable to Security State Bank of Fort Scott (defendant-appellant).

In 1966 defendant Bailey was the operator of a feed lot near Fort Scott, Kansas. In the fall of 1966 Bailey had 4,000 head of cattle in his feed lot, which were costing him $70,000.00 a month...

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