[Download] "Mackey-Woodard, Inc. v. Citizens State Bank" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Mackey-Woodard, Inc. v. Citizens State Bank
- Author : Supreme Court of Kansas
- Release Date : January 05, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
The opinion of the court was delivered by This is an action by the corporate payee of a check to recover the proceeds of the check in the sum of $22,879.62 with interest from a collecting bank which cashed the check and procured payment thereof from the drawee bank upon an unauthorized indorsement of the corporate payee. Appeal has been duly perfected from an order of the trial court which sustained the collecting bank's motion for involuntary dismissal at the close of the plaintiff's evidence on the ground that the action was barred by the two-year statute of limitations. (K.S.A. 60-513.) The basic question on appeal is whether the petition and the plaintiff's evidence presented pursuant thereto are sufficient to permit recovery on the theory of contract. If the answer to the foregoing question is in the affirmative, the three-year statute of limitations under K.S.A. 60-512 is applicable