MOHR v. STATE BANK OF STANLEY

Nos. 61,167, 61,647

244 Kan. 555 (1989)

770 P.2d 466

GENE MOHR and TRI-COUNTY FARM EQUIPMENT CO., Appellee, v. STATE BANK OF STANLEY, KANSAS, Appellant, v. JAMES B. LOYD, Appellee. KANSAS BANKERS SURETY CO., Appellant, v. TRI-COUNTY FARM EQUIPMENT CO., EXECUTIVE FINANCIAL SERVICES, INC., and SLC OF NORTH AMERICA, INC., Appellees.

Supreme Court of Kansas.

Opinion filed March 7, 1989.


Attorney(s) appearing for the Case

Alan V. Johnson, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, argued the cause, and Martha A. Peterson, of the same firm, was with him on the briefs for appellants.

Kenneth C. Jones, of Watson, Ess, Marshall & Enggas, of Olathe, argued the cause, and John J. Gardner, of the same firm, was with him on the briefs for appellees Gene R. Mohr and Tri-County Farm Equipment Co.

Gordon N. Myerson, of Gordon N. Myerson, P.C., of Kansas City, Missouri, argued the cause, and Matthew J. Stretz, of the same firm, and Dennis Clyde, of Gates & Clyde, Chartered, of Overland Park, were with him on the brief for appellee SLC of North America, Inc.

Michael E. Whitsitt, of Overland Park, argued the cause and was on the brief for appellee Executive Financial Services, Inc.


The opinion of the court was delivered by

SIX, J.:

This appeal involves two consolidated cases arising from the same factual situation. The legal concepts interwoven into the factual fabric are intervention, setoff, attorney liens, the standard of review for involuntary dismissals, fraudulent conveyance, reliance-promissory estoppel, and debtor-creditor settlements.

State Bank of Stanley (Stanley Bank) appeals from a denial of its motion to set off...

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