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CHILSON v. CAPITAL BANK OF MIAMI

No. 56,573

237 Kan. 442 (1985)

701 P.2d 903

ELMER D. CHILSON, d/b/a CHILSON MASONRY, and MERCHANTS NATIONAL BANK OF TOPEKA, KANSAS, Plaintiffs/Appellees, v. CAPITAL BANK OF MIAMI, FLORIDA, Defendant/Appellant.

Supreme Court of Kansas.

Opinion filed June 21, 1985.

Attorney(s) appearing for the Case

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause and was on the briefs for appellant.

Anne L. Baker, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause, and Dale L. Somers, of the same firm, was with her on the briefs for appellee Merchants National Bank.

The opinion of the court was delivered by

LOCKETT, J.:

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

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