VICTORY NAT'L BANK OF NOWATA v. STEWART

No. 52,419

6 Kan. App. 2d 847 (1981)

636 P.2d 788

VICTORY NATIONAL BANK OF NOWATA, Nowata, Oklahoma, a corporation, Appellee, v. DAVE STEWART, Appellant, and ROGER BOWSHIER and SHIRLEY BOWSHIER, Third-Party Defendants.

Court of Appeals of Kansas.

Opinion filed November 19, 1981.


Attorney(s) appearing for the Case

Jon R. Viets of Hall, Levy, Lively, Viets & DeVore, of Coffeyville, for the appellant.

Morris D. Hildreth of Becker, Hildreth, Eastman and Gossard, of Coffeyville, for the appellee.

Before JUSTICE McFARLAND, presiding, SPENCER, J., and MARVIN O. BRUMMETT, District Judge Retired, assigned.


SPENCER, J.:

This is an appeal by defendant Stewart from judgment entered against him on plaintiff's claim for conversion of an automobile in which plaintiff had a security interest perfected under the laws of Oklahoma.

This cause was submitted on stipulated facts as follows:

"1. That the defendant, Dave Stewart, was a used car dealer, had a dealers license, and bought and sold used cars. His dealership in 1977 was located at 1501 West Eighth Street...

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