FARMERS STATE BANK & TRUST CO. v. CITY OF YATES CENTER

No. 52,283

229 Kan. 330 (1981)

624 P.2d 971

FARMERS STATE BANK AND TRUST COMPANY OF HAYS, KANSAS, Appellee, v. THE CITY OF YATES CENTER, KANSAS, Appellant; FIRST NATIONAL BANK AND TRUST COMPANY, EL DORADO, KANSAS, Appellee; UNION NATIONAL BANK, WICHITA, KANSAS, Appellee. FIRST NATIONAL BANK AND TRUST COMPANY, Appellee, v. THE CITY OF YATES CENTER, KANSAS, A BODY POLITIC, Appellant; FARMERS STATE BANK AND TRUST COMPANY OF HAYS, KANSAS, Appellee; UNION NATIONAL BANK, WICHITA, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed February 28, 1981.


Attorney(s) appearing for the Case

John R. Toland, city attorney, argued the cause and was on the brief for appellant City of Yates Center, Kansas.

Dennis L. Bieker, of Dreiling, Bieker & Kelley, of Hays, argued the cause and was on the brief for appellee Farmers State Bank and Trust Company of Hays, Kansas.

Franklin D. Gaines, of Augusta, argued the cause and was on the brief for appellee First National Bank and Trust Company, El Dorado, Kansas.

Richard A. Loyt, of Jochems, Sargent & Blaes, P.A., of Wichita, argued the cause, and Phyllis F. Wendler, of the same firm, was with him on the brief for appellee Union National Bank, Wichita, Kansas.


The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the City of Yates Center from a judgment entered against it and in favor of the appellees, three Kansas banks, holders of temporary notes of the City which were "overissues." Farmers State Bank and Trust Company of Hays, Kansas, held two of the City's $50,000 notes, numbered 6 and 7, dated February 1, 1973; First National Bank and Trust Company of El Dorado, Kansas, held two of the...

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