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AETNA CASUALTY AND SURETY CO v. HEPLER STATE BANK

No. 52,090

6 Kan. App. 2d 543 (1981)

630 P.2d 721

AETNA CASUALTY and SURETY COMPANY, Plaintiff-Appellant, v. HEPLER STATE BANK, Defendant-Appellee-Cross Appellant.

Court of Appeals of Kansas.

Opinion filed July 2, 1981.

Attorney(s) appearing for the Case

A.J. Wachter, of Wilbert, Towner, Lassman, Toburen, Fleming and Wachter, of Pittsburg, for the appellant.

Vernon D. Grassie, of Girard, for the appellee, cross-appellant.

Before FOTH, C.J., SPENCER and PARKS, JJ.

FOTH, C.J.:

This action was brought against the defendant Hepler State Bank for conversion effected through its payment of a series of checks each bearing the unauthorized indorsement of the payee.

Plaintiff Aetna Casualty and Surety Company issued an employees' fidelity bond to Columbian Hog and Cattle Powder Company. From 1973 to about July 15, 1977, Columbian employed one Ted Orton as a commission salesman to sell feed to farmers in southeastern Kansas...

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