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BENSCHOTER v. FIRST NATIONAL BANK OF LAWRENCE

No. 47,761

218 Kan. 144 (1975)

542 P.2d 1042

DON BENSCHOTER, Appellant, v. FIRST NATIONAL BANK OF LAWRENCE, A Corporation, and KUHN TRUCK & TRACTOR COMPANY, INC., A Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed November 8, 1975.

Attorney(s) appearing for the Case

Jane B. Werholtz, of Harley & Werholtz, of Topeka, argued the cause and was on the brief for the appellant.

Richard L. Zinn, of Barber, Emerson, Six, Springer & Zinn, of Lawrence, argued the cause, and Thomas V. Murray, of the same firm, was with him on the brief for the appellee, The First National Bank of Lawrence.

Gerald L. Cooley, of Allen & Cooley, of Lawrence, argued the cause, and was on the brief for the appellee, Kuhn Truck and Tractor Company, Inc.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the trial court granting a creditor judgment thereby affirming the creditor's "self-help" repossession of the plaintiff's property (pledged as security for a loan) pursuant to K.S.A. 84-9-503. The provision of that statute in the Uniform Commercial Code pertinent to this appeal reads:

"Unless otherwise agreed a secured party has on default the right to take...

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