Lindsey v. Zeller

Harman, C.J. Retired:

This is an appeal from an order granting summary judgment to appellee Forrest Lindsey against appellant U. R. Zeller for one-half the amount which Lindsey advanced in full payment of a promissory note which the two had cosigned in behalf of Zeller’s son Larry and Lindsey’s daughter, who was Larry’s wife. The issue is whether a three-year or a five-year statute of limitations governs the -action.

In early September 1979, Larry Zeller negotiated for a loan from a Topeka bank. Appellant Zeller and appellee Lindsey agreed to cosign the note to enable him to obtain it.…