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CAIRO COOP. EXCH v. FIRST NAT'L BK. OF CUNNINGHAM

No. 50,622

4 Kan. App. 2d 458 (1980)

608 P.2d 1370

THE CAIRO COOPERATIVE EXCHANGE, Appellant, v. THE FIRST NATIONAL BANK OF CUNNINGHAM, Appellee.

Court of Appeals of Kansas.

Petition for review granted May 19, 1980.

Attorney(s) appearing for the Case

J. Eugene Balloun of Payne & Jones, Chartered, of Olathe, and Terry D. Bertholf, of Hutchinson, for the appellant.

Thomas L. Theis of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, and David D. Gaumer of Wunsch, Wunsch, Gaumer & Solomon, of Kingman, for the appellee.

Before REES, P.J., SPENCER and MEYER, JJ.

SPENCER, J.:

This is an action by a customer-depositor against a depositary-payor bank to recover on various checks alleged to have been wrongfully paid by the bank over forged and restrictive endorsements, and charged to the customer's account.

Plaintiff sought relief on theories of breach of contract, breach of warranty, conversion, and negligence. Defendant relied on agency and estoppel, and also on the defense embodied in K.S.A. 84-3-405 (1)(b)...

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