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HURST ENTERPRISES, LLC v. CRAWFORD

No. 98,996.

197 P.3d 882 (2008)

HURST ENTERPRISES, LLC, d/b/a Mr. Payroll Check Cashing, Appellant, v. Bryan CRAWFORD, an individual, and Cactus Roofing, LLC, Appellees.

Court of Appeals of Kansas.

December 19, 2008.

Attorney(s) appearing for the Case

Nathan A. McCaffrey, of Yoxall, Antrim, Yoxall, Fitzgerald & McCaffrey, LLP, of Liberal, for appellant.

No appearance by appellees.

Before McANANY, P.J., GREEN and BUSER, JJ.

GREEN, J.

Hurst Enterprises, LLC, d/b/a Mr. Payroll Check Cashing, (Hurst) appeals from the trial court's judgment applying the formula under K.S.A. 84-3-302(d) to limit Hurst's recovery as a holder in due course against Bryan Crawford and Cactus Roofing, LLC (Cactus). Hurst argues that the trial court erred in applying a setoff under K.S.A. 84-3-302(d). We agree. K.S.A. 84-3-302(d) does not authorize a trial court to reduce the award to a holder in due course when...

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