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CHILSON v. CAPITAL BANK OF MIAMI

No. 56,573

10 Kan. App. 2d 111 (1984)

692 P.2d 406

ELMER D. CHILSON, d/b/a CHILSON MASONRY, and MERCHANTS NATIONAL BANK OF TOPEKA, KANSAS, Appellees, v. CAPITAL BANK OF MIAMI, FLORIDA, Appellant. Affirmed (1985).

Court of Appeals of Kansas.

Opinion filed December 27, 1984.

Attorney(s) appearing for the Case

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, for appellant.

Anne L. Baker, of Eidson, Lewis, Porter & Haynes, of Topeka, for appellee Merchants National Bank of Topeka.

Before PARKS, P.J., BRISCOE, J., and JEROME HARMAN, Chief Judge Retired, assigned.

PARKS, J.:

Plaintiffs Elmer D. Chilson and his bank, Merchanto National Bank of Topeka, Kansas (Merchants) brought this action against the Capital Bank of Miami, Florida (Capital), which accepted an unendorsed check drawn by Chilson. The trial court granted summary judgment to Merchants based upon a claim for breach of express written warranty. Capital appeals.

On June 2, 1977, Elmer D. Chilson wrote a $4,550 check on his

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