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O'MALLEY v. FRAZIER

No. 86,620.

29 Kan. App.2d 947 (2001)

34 P.3d 478

PHILLIP H. O'MALLEY, Appellant/Cross-appellee, v. RONALD L. FRAZIER and KATHRYN A. FRAZIER, Appellees/Cross-appellants.

Court of Appeals of Kansas.

Opinion filed November 16, 2001.

Attorney(s) appearing for the Case

Kevin F. Mitchelson and Jason P. Wiske, of Wheeler & Mitchelson, Chartered, of Pittsburg, for appellant/cross-appellee.

Mark S. Gunnison and Robin E. Scully, II, of Payne & Jones, Chartered, of Overland Park, for appellees/cross-appellants.

Before RULON, C.J., GREEN, J., and PADDOCK, S.J.

PADDOCK, J.:

In an action to collect on a past-due note once barred by the statute of limitations, the district court ruled circumstances under which part payment was made revived only the principal obligation of the promissory note, but not the obligation to pay interest. Creditor Phillip H. O'Malley appeals, claiming it was error to only revive the principal term of the note. In addition, the debtors, Ronald L. and Kathryn A. Frazier, cross-appeal, claiming that...

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