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BORG WARNER ACCEPTANCE CORP. v. KANSAS SECRETARY OF ST.

No. 59,276

240 Kan. 598 (1987)

731 P.2d 301

BORG WARNER ACCEPTANCE CORPORATION, Plaintiff/Appellee, v. THE SECRETARY OF STATE FOR THE STATE OF KANSAS, Defendant/Appellant, and FIRST NATIONAL BANK OF HILLSBORO, KANSAS, Defendant/Appellee.

Supreme Court of Kansas.

Opinion filed January 16, 1987.

Attorney(s) appearing for the Case

Leon J. Patton, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for defendant/appellant secretary of state.

J. Robert Brookens, of Morse, Batt & Brookens, of Marion, argued the cause and was on the brief for defendant/appellee First National Bank of Hillsboro.

Steven J. Rupp, of Curfman, Harris, Stallings & Snow, of Wichita, argued the cause and was on the brief for plaintiff/appellee Borg Warner Acceptance Corporation.

The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by Borg Warner Acceptance Corporation (Borg Warner) to recover damages from the Kansas Secretary of State for the negligence of his employees in failing to report the existence of a prior security interest in response to a request for a record search submitted by Borg Warner. The case was tried and submitted to the court on a stipulation of facts and testimony offered by the parties...

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