Kansas Bankers Surety Co. v. Ford County State Bank

The opinion of the court was delivered by

Schroeder, J.:

This is an action in contract to recover payment made by a drawee bank on a raised (altered) check, otherwise genuine, to the defendant bank, an endorsee holder in due course.

The sole question presented is whether the drawee bank is liable on its payment to the endorsee bank according to the tenor of the instrument as originally drawn or according to the tenor of the instrument as of the time of its payment.

Appeal has been duly taken to this court from a ruling of the trial court sustaining a demurrer to the petition.

The check was in the…