BECKER v. BUMAN

No. 57,835

239 Kan. 342 (1986)

721 P.2d 246

MICHAEL C. BECKER, Plaintiff/Appellee, v. DEAN BUMAN, Defendant/Appellee, RANDALL MARSH, Defendant, and ALLEN COUNTY BANK & TRUST, Appellant, v. PATRICIA A. BECKER, Third-Party Defendant/Appellee.

Supreme Court of Kansas.

Opinion filed June 13, 1986.


Attorney(s) appearing for the Case

James M. Immel, of Immel & Immel, of Iola, argued the cause and was on the brief for appellant.

Daniel Dale Creitz, of Hines & Ahlquist, P.A., of Erie, argued the cause, and Daryl D. Ahlquist, of the same firm, was with him on the brief for plaintiff-appellee Michael C. Becker and third-party defendant/appellee Patricia A. Becker.

Robert Pennington, of Henshall, Pennington & Brazil, of Chanute, argued the cause and was on the brief for defendant/appellee Dean Buman.


The opinion of the court was delivered by

McFARLAND, J.:

Plaintiff Michael C. Becker was awarded, in a jury trial, the sum of $69,820.65 against defendant Allen County Bank and Trust on plaintiff's claim that the Bank wrongfully disbursed certain funds.

Before proceeding to a statement of the facts, it should be noted the testimony in two key areas was sharply conflicting — namely what the bank officer did or did not agree to do at the time...

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